Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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

First Revised Sheet No. 136 First Revised Sheet No. 136

Superseding: Original Sheet No. 136

GENERAL TERMS AND CONDITIONS

(Continued)

16.2 Limitation on Applicability of Section. If UTOS and the

Existing Shipper agree on the terms and conditions of

continued service before the posting of available capacity

described in subsection 16.4 of this Section 16, or if UTOS

is willing to permit the automatic extension of the

Transportation Agreement in accordance with its terms, or if

the Existing Shipper has given notice of termination of the

Transportation Agreement in accordance with its terms, then

UTOS shall forego the posting, competitive bidding, and

right of first refusal procedures of this Section 16.

16.3 Communications With UTOS. Any communication with UTOS under

this Section 16, including any Qualified Bid under

subsection 16.5, must be addressed to the following

official:

Enbridge Offshore Pipelines (UTOS) LLC

1100 Louisiana, Suite 3300

Houston, Texas 77002

Attention: Asset Management - Regulated

16.4 Posting of Available Capacity. Not less than 180 Days nor

more than 270 Days prior to the end of the primary term of a

Transportation Agreement between UTOS and an Existing

Shipper, or any extension thereof for one year or longer,

UTOS may post notice, on its Interactive Internet Website,

of the forthcoming availability of the firm capacity covered

by the Transportation Agreement, without revealing the

identity of the Existing Shipper. The posted information

shall include:

(a) The date upon which the capacity would become

available;

(b) The amount of the available capacity, by receipt

point, delivery point, and in total;

effective Sheet No. 4 of this tariff;

(d) Any other terms or conditions that would attend use of

the capacity; and

(e) A statement that any bid for the capacity shall be

subject to the right of first refusal of the Existing

Shipper, as specified in this Section 16.

The information specified in this subsection 16.4 shall be

posted on UTOS' Interactive Internet Website until 150 Days

prior to the end of the primary term of the existing

Transportation Agreement.