Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

Effective Date: 08/01/2009, Docket: RP09-815-000, Status: Effective

Second Revised Sheet No. 124 Second Revised Sheet No. 124

Superseding: First Revised Sheet No. 124

GENERAL TERMS AND CONDITIONS

(Continued)

UTOS may rely exclusively on the effective PDA's or on the

pro rata allocation (based on scheduled nominations) in the

absence of an effective PDA, in allocating the Gas at each

UTOS measurement point, and such allocations shall be

binding on the Shipper. No retroactive changes to the PDA

may be made unless UTOS, the Designated Allocator, and all

Shippers covered by the PDA agree. Further, UTOS shall not

be liable to any Shipper as a result of UTOS' reliance on

any PDA methodology provided herein and Shipper shall

indemnify UTOS from and against any and all losses, damages,

expenses and claims as a result of UTOS' reliance on such

PDA methodology.

7.6 Predetermined Allocations

(a) The designated Allocator shall furnish UTOS with a PDA,

by completing the PDA Form set forth on Sheet No. 325

of this tariff after or during confirmation, but in

any event, before the start of the Gas Day. Such PDA

shall specify how any underage and/or overage from the

scheduled nomination should be allocated. The PDA

shall include all Shippers that have scheduled

nominations with UTOS at given metering Point.

Examples of allocation methods that can be used

include percentages, pro rata, ranking, swing with

specified shippers, and Operator Provided Value. The

same standard allocation methodologies should be

available for use at all points.

The Designated Allocator may submit the PDA in writing

via mail, facsimile, messenger or Interactive Internet

Website. UTOS shall acknowledge receipt and acceptance

of the PDA by signing and telefaxing (or returning via

some other mutually agreeable means) the PDA to the

Designated Allocator within fifteen (15) minutes.

(b) At a location which is not covered by an OBA, UTOS

will allocate to Shippers at the Shippers' contract

level or higher. UTOS is not required to allocate to a

lower level or accept accounting allocation

instructions from the Shipper (ie., neither Pre-

determined Allocations (PDAs) nor Shipper ranks

supplied in the nominations.