K N Wattenberg Transmission LLC

First Revised Volume No. 1

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Effective Date: 06/25/2001, Docket: RP01-424-000, Status: Effective

Second Revised Sheet No. 80 Second Revised Sheet No. 80 : Effective

Superseding: First Revised Sheet No. 80

GENERAL TERMS AND CONDITIONS FOR SERVICES - continued

 

Failure by the Shipper to give Transporter the notice specified

in this section will result in the automatic abandonment of the

entitlement and the Shipper's right to the subject capacity at the end

of the contract term will cease.

 

28.2 BIDDING PROCESS

 

Upon Transporter's receipt of the Shipper's Right of First

Refusal notice describe in Section 28.1 above, Transporter will post

the Shipper name, effective date, and primary receipt and delivery

points and their associated capacity on its Interactive Web Site in

order to solicit bids for the capacity.

 

A Bidder desiring to obtain the posted capacity must submit a bid

via Facsimile (303-763-3515) to Transporter in accordance with Section

28.3 below, within thirty (30) calendar days of the posting to

participate in the Right of First Refusal process.

 

If the tendered bids are less than maximum rate, Transporter will

utilize an iterative bidding process. The highest bid will be posted

on Transporter's Interactive Web Site and each iteration's best offer

will be posted on the Informational Postings portion of the Interactive

Web Site for informational purposes, along with the name of the highest

bidder. In subsequent iteration(s), bidders will have ten (10) days to

respond to Transporter after a posting; thereafter, after each bidding

period, Transporter will have up to five (5) days to perform an

analysis to determine the best offer as described in Section 28.4

below. The bidding process must be completed forty-five (45) days

before the end of the existing contract term.

 

If any bid submitted by a bidder is subsequently withdrawn, any

new bids submitted by such bidder for the same path(s) must be at a

higher rate. Transporter will have the right to reject, on a non-

discriminatory basis, any bid not at the maximum rate.

 

28.3 CONTENTS OF BID

Service Agreements will be required and must contain the

corresponding bid's price, term, amount of capacity desired, and

primary receipt and delivery points.

 

When any Shipper bids the maximum rate, such Shipper is only

required to bid up to the maximum rate for its requested receipt and

delivery points, not the maximum rate which may apply to different

receipt and delivery points which could be charged for such service.

 

Multiple bids (defined as different bids made for different

portions of the total capacity) will be permitted.