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. 139 First Revised Sheet No. 139

Superseding: Original Sheet No. 139

GENERAL TERMS AND CONDITIONS

(Continued)

This calculation is expressed in the following

formula:

-n

r X 1-(1+i) X u = Net Present Value

_______

Where: i = The interest rate per Month;

n = The number of Months in the term of the

proposed agreement, not to exceed 240

Months for purposes of the calculation;

r = The proposed reservation charge per

unit per Month; and

u = The maximum daily quantity of capacity

requested, in Dth.

(b) The available capacity shall be awarded conditionally

to the Qualified Bid with the highest Net Present

Value. If, following identification of the

highest-value Qualified Bid, the capacity that remains

available is greater than the capacity requested in

the Qualified Bid with the next highest Net Present

Value, then capacity shall also be awarded

conditionally to such next highest bid. This

procedure shall continue until the conditional award

of capacity to a qualified Bid with the next highest

Net Present Value would cause the remaining available

capacity to be exceeded.

Present Values, then the capacity shall be awarded

conditionally to the Qualified Bidder whose Qualified

Bid was received first during the posting period, and

if two or more such Qualified Bids of equal value were

received on the same Day, the capacity shall be

conditionally allocated between or among them on a pro

rata basis.

16.9 Right of First Refusal of Existing Shipper.

(a) Within 15 Days following the close of the posting

period specified in subsection 16.4 above, UTOS shall

forward to the Existing Shipper, by mail or

facsimile, the particulars of the Qualified Bid(s)

representing the highest bid, without revealing the

identity of the Qualified Bidder(s).