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

Second Revised Sheet No. 153 Second Revised Sheet No. 153

Superseding: Substitute First Revised Sheet No. 153

GENERAL TERMS AND CONDITIONS

(Continued)

(c) The posting of the Release Request will continue for a

period of 30 Days, except that the prospective

Replacement Shipper may request that it be removed, or

that the posting be extended for an additional 30 Day

period, at any time prior to the end of the period.

(d) Any agreement for the release of capacity between a

Releasing Shipper and the prospective Replacement

Shipper that posted the Release Request shall be

subject to all requirements of this Section 17 that

pertain to such a transaction, including the

applicable posting and competitive bid requirements of

subsections 17.4, 17.5, and 17.6.

17.10 Active Marketing of Release Proposals By UTOS. If a

Releasing Shipper requests that UTOS actively market its

Release Proposal, UTOS will inform the Releasing Shipper

whether UTOS is willing to pursue the possibility of

providing active marketing service. UTOS and the Releasing

Shipper shall negotiate the terms of any marketing service

to be provided by UTOS and the marketing fee to be paid UTOS

for such service. UTOS shall be under no obligation to

actively market a Release Proposal on terms to which it has

not agreed.

17.11 Qualification for Participation in the Capacity Release

Program.

(a) In order to qualify for participation in a Prearranged

Transaction or to submit a Qualified Bid for a posted

Release Proposal, a prospective Replacement Shipper

must first:

(i) Demonstrate, to UTOS' reasonable satisfaction,

that it is creditworthy in accordance with

Sections 2.2(k) and 5 of the General Terms and

Conditions of this tariff; and

(ii) Provide to UTOS a statement of its willingness

and ability to execute a Transportation

Agreement for firm transportation service that

conforms to Rate Schedule FT of this tariff.

(b) UTOS reserves the right to request additional or

renewed credit evaluation materials at any time for

the purpose of reviewing a completed creditworthiness

evaluation.

(c) UTOS shall not award capacity release offers to the

Replacement Shipper until and unless the Replacement

Shipper meets the Transporter's creditworthiness

requirements applicable to all services that it

receives from the Transporter, including the service

represented by the capacity release.