MidContinent Express Pipeline LLC

Original Volume No. 1

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Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective

Original Sheet No. 117 Original Sheet No. 117

 

GENERAL TERMS AND CONDITIONS

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(viii) All bids received during the open

season period remain binding on the bidder through the end of the

open season unless withdrawn by bidder. At the end of any open

season, all bids either withdrawn or not accepted shall be deemed

null and void. A bidder may withdraw its bid at any time during the

open season, utilizing the same medium through which a bid can be

submitted. A bidder which has withdrawn a bid may submit a bid with a

higher value during the open season, but neither that bidder nor any

of its affiliates may submit during that open season a bid with a

lower value than the withdrawn bid [value is to be determined

applying the criteria in Section 2.1(c), consistent with the posting

for that open season], except if the withdrawn bid was withdrawn due

to a material error. A bidder may withdraw a bid for a material error

by notifying MEP by the deadline for bids that the bid contains a

material error, which notification shall explain the material error.

 

(ix) If an open season is extended, a

bidder is free to submit a new bid without restriction in the

extended open season even if that bidder withdrew its bid in the

original open season. If a bidder withdraws its bid in an extended

open season, the same rules as in an original open season apply to

that bidder.

 

(x) Once firm capacity has been subject

to an Initial Open Season, MEP is not required to hold any further

Initial Open Season for that capacity (or portion of such capacity)

until that capacity (or a portion thereof) again becomes available

through the expiration of a contract covering any portion of such

capacity entered into under this Section 2.1(b) and any related

rollover contract under Section 16 of these General Terms and

Conditions, in which case the capacity under such contract shall be

subject to an Initial Open Season.

 

(2) REQUEST PROCEDURE

 

For firm capacity which is not awarded in

the Initial Open Season process and for existing firm capacity which

is not subject to the Initial Open Season process or to Section 16 of

these General Terms and Conditions, MEP may award such capacity

through either the Request Procedure in this Section 2.1(b)(2) or the

Additional Open Season Procedure in Section 2.1(b)(3) of these

General Terms and Conditions. Unsubscribed capacity may also be

awarded pursuant to contractual provisions entered into with

Foundation Shippers pursuant to Section 2.7 of Rate Schedule FTS.