Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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

Third Revised Sheet No. 144 Third Revised Sheet No. 144

Superseding: Substitute Second Revised Sheet No. 144

GENERAL TERMS AND CONDITIONS

(Continued)

(i) At Releasing Shipper's option and in lieu of UTOS

implementing the "best bid" determination stated in

subsection 17.7, Releasing Shipper may specify in the

Release Proposal one of the following bid evaluation

methodologies: (1) highest rate, (ii) net revenue, or

(iii) present value. A Release Proposal submitted

specifying one of these methods maybe accorded the

timeline treatment described in Section 17.5.

However, the Releasing Shipper may choose another bid

evaluation method, but this request shall be accorded

the timeline treatment described in Section 17.5 only

at the discretion of UTOS. Such bid evaluation

methods shall be objectively stated, applicable to all

Replacement or Prearranged Shippers and not unduly

discriminatory and shall enable UTOS to rank the bids

received by utilizing the weight assigned by Releasing

Shipper to each element of the Releasing Shipper's

Notice;

(j) Whether contingent bids will be accepted and if so,

for what time period each contingent bidder will be

allowed to eliminate the contingency; and, if not

eliminated, all details concerning the evaluation of

other bids, including the time period when the next

highest bidder will be obligated to acquire the

capacity; and

(k) Any additional terms and conditions of releases that

are objective and non-discriminatory (e.g., any tie-

breaking methodology, agency agreement requirements,

limiting reassignment, changing Point(s) of Delivery,

or precluding reassignment of a release without notice

to and consent of the releasor, or indemnification

agreement requirements.) In all cases, however,

Releasing Shipper's specified bid evaluation method

must be set forth with sufficient specificity that

UTOS' evaluation of the bids to determine the "best

bid" is a purely ministerial matter that does not

require any discretionary exercise of judgment by

UTOS.

(l) If Releasing Shipper does not desire immediate posting

of its Release Proposal or bids received, Releasing

Shipper shall provide the posting date and time, so

long as the receipt date of such Release Proposal or

bid is no more than thirty (30) Days prior to the

requested posting date, and so long as the requested

posting date comports with Section 17.5.