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Enron Mail |
In response to your inquiries about whether TW's tariff allows the format
posting, bidding and awarding of capacity in our EnronOnline proposal, here is my 2 cents' worth. The criteria for awarding capacity is found in the Right of First Refusal section of TW's tariff (for some reason that's never been clear to me). See Section 13.A. (Sheet No. 18): "All available capacity shall be allocated under these procedures, and Transporter will not maintain a firm transportation queue." The ROFR section does specify the posting and bidding procedures (including a minimum one month period between posting and the bid deadline -- See Section 13.D.) but arguably these timelines only apply to the ROFR bidding process, not to an open season for other capacity. Even if the one-month minimum bid period did apply outside the ROFR process, the EnronOnline proposal complies by giving shippers at least a month to submit bids (Tony -- am I right about this?). The only other relevant part of our tariff is the EBB/Internet section of the General Terms and Conditions (beginning on Sheet No. 72). TW will continue to comply with all provisions in this section. The section even specifically provides that shippers may request service and contract electronically. I've found nothing in else in TW's tariff that would appear to address an online open season one way or the other. I believe our tariff gives us the flexibility to sell capacity online as we've proposed to do. Hope this helps. If you want to discuss this I'll be here most of the day, and I will be reachable by e-mail while I'm in San Francisco next week. My hearing does not start 'til noon Houston time on Tuesday, so if we need to talk Tuesday morning you can reach me at my hotel (415.398.1234).
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