T.W. Phillips Pipeline Corp.
Original Volume No. 1
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Effective Date: 01/01/2010, Docket: RP10-141-000, Status: Effective
Original Sheet No. 73 Original Sheet No. 73
GENERAL TERMS AND CONDITIONS
23.5. Upon conclusion of the ROFR Bidding Period, Transporter shall evaluate the bids
in accordance with the procedures set forth in Section 22 for the evaluation of
bids under Transporter’s capacity release mechanism, provided that any bid rate
higher than the maximum applicable Recourse Rate shall be deemed to be equal to
the maximum applicable Recourse Rate. Transporter shall not be required to
accept any bid at less than Transporter’s maximum applicable Recourse Rate.
23.6. If Transporter receives no bids, or if Transporter receives no bids at its maximum
applicable Recourse Rate and Transporter determines not to accept any bids below
the maximum applicable Recourse Rate, Transporter shall notify Shipper of the bid
having the highest value to Transporter (“Highest Bid”), or that no bids were re-
ceived. If Transporter receives a bid at its maximum applicable Recourse Rate,
or if it accepts any bid below the maximum applicable Recourse Rate, Transporter
shall, within five (5) days of the close of the ROFR Bidding Period, inform
Shipper of the offer to purchase capacity solicited pursuant to this section that
Transporter intends to accept. Shipper shall have twenty-five (25) days after
receiving notice to notify Transporter as to whether it will match the Highest
Bid in terms of price, quantity and duration. If the Shipper elects to match the
Highest Bid, it must execute a new transportation agreement that contains the
terms of the Highest Bid; provided, however, that Shipper shall not be required
to pay any rate higher than the maximum applicable Recourse Rate. If the Shipper
fails to match the offer presented by Transporter, Transporter shall enter into
an FT Agreement with the Person submitting the competing offer.
23.7. If Transporter receives no bids at the maximum applicable Recourse Rate and Trans-
porter refuses to accept a lower bid, Transporter may abandon service to Shipper,
unless Shipper agrees to pay the maximum applicable Recourse Rate for a period of
one (1) year, or if Transporter and Shipper negotiate the terms and conditions of
an FT Agreement extension.
24. SECONDARY POINT RIGHTS
Subject to the priorities set out in Sections 9 and 10 of the GT&C, Shippers under any
firm rate schedule shall have the right to use all Receipt and Delivery Points on Trans-
porter’s system on a secondary basis as alternatives to the primary points specified in
the FT Agreement.