Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

 Contents / Previous / Next / Main Tariff Index

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

Second Revised Sheet No. 148 Second Revised Sheet No. 148

Superseding: First Revised Sheet No. 148

GENERAL TERMS AND CONDITIONS

(Continued)

(viii)A statement that the Qualified Bidder will

execute a contract in the form, and within any

time period, specified in this Tariff.

(ix) A statement that the Qualified Bidder grants to

UTOS its permission and approval to notify the

Releasing Shipper (even when such Releasing

Shipper is an Energy Affiliate of the

Transporter) of certain credit related

information specified under Section 17.13 of the

General Terms and Conditions of this Tariff.

(d) A Qualified Bidder may, at any time prior to close of

the bidding period, withdraw its bid by notification

by mail, facsimile, or UTOS' Interactive Internet

Website. If a bid is withdrawn, Qualified Bidder may

submit a higher bid, but not a lower bid, on the same

capacity. Only one bid may be maintained at a time.

A winning bid becomes final if not withdrawn prior to

close of the bidding period.

(e) All Qualified Bids must be consistent with the

limitations on releases set forth in subsection 17.2

of this Section 17.

(f) Unless the Qualified Bid states otherwise, a Qualified

Bid for UTOS' maximum reservation charge, or higher if

applicable pursuant to Section 17.2(d) hereof, shall

be deemed to include all non-commodity based charges

provided under UTOS' tariff for the capacity to be

released, including, but not limited to, any F.E.R.C.

Order No. 636 transition costs attributable to the

capacity to be released. Unless the Qualified Bid

states otherwise, a Qualified Bid for a reservation

charge less than UTOS' maximum reservation charge

shall not include any such non-commodity based charges

not directly included in the reservation charge stated

in UTOS' tariff.

(g) The Qualified Bid must commit to payment of the

maximum commodity charge for Rate Schedule FT service,

as set forth on Sheet No. 4 of this tariff, in

connection with use of the capacity to be released, as

well as all other applicable add-on charges and

surcharges under UTOS' tariff, including, but not

limited to, any F.E.R.C. Order No. 636 commodity-based

transition cost recovery surcharge.

17.7 Procedures for Allocation of Released Capacity.

(a) UTOS shall rank all bids and select the "best bid" as

defined in subsection 17.7(b) from among the bids

received. However, if more than one bidder submits

the "best bid" , the first bidder in time, inclusive

of the Prearranged Shipper, shall be selected and

posted as the "best bid", unless the Releasing Shipper

specifies another tie-breaking methodology in its

Release Proposal. If multiple bids meeting minimum

conditions have been submitted, bids shall be awarded

best bid first, until all offered capacity is awarded.

Any bid submitted for released capacity pursuant to

Section 17.6 may state that its acceptance is

contingent; provided, the Release Proposal allows the

submission of