CHEYENNE TO OPAL EXPANSION OPEN SEASON
COLORADO INTERSTATE GAS COMPANY, L.L.C.
Bid Deadline: November 21, 2025, at 2:00 PM Mountain Time (“MT”)
A Portable Document Format (.pdf) file of this Open Season is available at:
https://pipeline2.kindermorgan.com/PortalWeb/PortalDocs.aspx?code=CIG&parent=1600
In response to market interest, Colorado Interstate Gas Company, L.L.C. (“CIG”) is holding this binding Open Season for (a) 100,000 dekatherms per day (“Dth/day”) of firm transportation capacity from the Cheyenne Hub in Weld County, Colorado to Opal in Lincoln County, Wyoming (the “Opal Capacity”) and (b) 75,000 Dth per day of firm transportation capacity from the Cheyenne Hub to Kanda in Sweetwater County, Wyoming (the “Kanda Capacity” and, together with the Opal Capacity, the “Expansion Capacity”), as further described herein.
To create the Expansion Capacity, CIG proposes to install or upgrade certain compressor stations and lease 175,000 Dth/day of off-system capacity on Wyoming Interstate Company, L.L.C.'s (“WIC”) mainline (the “Leased Capacity”). Specifically, CIG proposes to use the Leased Capacity to deliver gas to locations on CIG's mainline or WIC's mainline at or near Kanda. Note that in order to provide the Leased Capacity to CIG, WIC would need to undertake certain modifications of compressor facilities on its system. With regard to the Opal Capacity, CIG proposes to install a new compressor station and related facilities near Green River, in Sweetwater County, Wyoming (the “Green River Compressor Station”) to further expand the east-to-west capacity on CIG's mainline between Kanda and Opal. CIG's segment map has been updated to reflect the inclusion of the potential Leased Capacity and is available at:
Rockies Map CIG with WIC Lease Proposal
The purpose of this Open Season is to solicit binding commitments for the capacity from potential bidders that are willing to commit to firm transportation service under terms and conditions described below and in accordance with all applicable rules and regulations of the Federal Energy Regulatory Commission (“FERC”) and the terms of CIG's FERC Gas Tariff, Second Revised Volume No. 1 (the “Tariff”).
(Cheyenne Hub to) Opal Capacity
(Cheyenne Hub to) Kanda Capacity
Rate Schedule:
TF-1
Primary Point of Receipt1:
BOW Bowie (800104)2
FLY Flying Hawk (800245)2
Receipt point capacity available at BOW is limited to 125,200 Dth/d
Receipt point capacity available at FLY is limited to 50,000 Dth/d
Primary Points of Delivery1:
EMS Emerald Spring (800230)
MUD Muddy Creek (891735)
OVW Overthrust/WIC (800528)3
TML Threemile (896114)3
BTC Bitter Creek (800115)3
KAN Kanda (800335) 4
(Delivery point capacity available at KAN is limited to 42,500 Dth/d)
Volume / Maximum Delivery Quantity (“MDQ”):
100,000 Dth/day
75,000 Dth/day
Term Start Date:
The date that the Green River Compressor Station is in-service and WIC is legally authorized and physically capable of providing the Leased Capacity under the Capacity Lease (defined below). CIG anticipates the Term Start Date for the Opal Capacity will occur on September 1, 2029.
The date that WIC is legally authorized and physically capable of providing the Leased Capacity under the Capacity Lease. CIG anticipates the Term Start Date for the Kanda Capacity will occur on September 1, 2029.
Recommended Term:
15 years
Recommended Minimum Rate:
$14.60 per Dth per month (which, for illustrative purposes, is equivalent to $0.48 per Dth on a daily basis) for a 15 year term
$10.65 per Dth per month (which, for illustrative purposes, is equivalent to $0.35 per Dth on a daily basis) for a 15 year term
1 A successful bidder will have the right to access, on a secondary basis, all other points of receipt and/or delivery located on CIG's system (excluding CIG incremental laterals), WIC Mainline Points (including Segments 418, 420, 428, 429), and Segments 407 and 408 on the Kanda Lateral at the underlying contract rate. Successful bidders will be responsible for any applicable Surcharges, incremental lateral charges, and third-party charges resulting from the use of capacity that CIG may hold on other pipelines. Parties that are interested in capacity at and from other primary points of receipt or at and to other primary points of delivery (subject to available capacity) should contact their service representatives or any of the individuals listed below.
2 The Primary Point of Receipt is a point of receipt on the WIC mainline. The capacity available at BOW Bowie (800104) is limited to 125,200 Dth/day and the capacity available at FLY Flying Hawk (800245) is limited to 50,000 Dth/day.
3 The Primary Point of Delivery is a point of delivery on the WIC mainline.
4 The capacity available at KAN Kanda (800335) is limited to 42,500 Dth/day.
Turnback Capacity:
CIG is soliciting non-binding offers from existing shippers with CIG mainline capacity which could be used in lieu of capacity created by the proposed Green River Compressor Station (i.e., east-to-west CIG mainline capacity between Kanda and Opal) to permanently turnback such capacity, subject to: (a) the shipper's offer providing CIG the highest value; and (b) CIG's ability to use the capacity to meet the needs of new shippers that acquire the Opal Capacity. If existing shippers express interest in turning back capacity, CIG will make a subsequent posting detailing the conditions for shippers to submit offers to turnback their capacity.
General Open Season Requirements:
To bid, complete the attached bid sheet and e-mail it to KMWestBids@KinderMorgan.com on or before the Open Season End Date.
Open Season Start Date: October 27, 2025, at 2:00 p.m. MT
Open Season End Date: November 21, 2025, at 2:00 p.m. MT
Award Notification Deadline: December 10, 2025, at 4:00 p.m. MT
CIG will rely upon the time an e-mailed bid is received to determine whether a bid is timely. Bids that are received after the Open Season End Date (as determined by the time stamp on CIG's e-mail inbox) will be considered invalid bids and will not be eligible for an award of capacity in this Open Season. CIG recommends that bids be submitted well in advance of the Open Season End Date to minimize the risk that any e-mail delay could cause a bid to be excluded from consideration.
Bid sheets must include the bidder's name, the name of this Open Season (i.e., “Cheyenne to Opal Expansion Open Season”), the terms of bidder's bid (i.e., capacity, MDQ, the term of service, and the rate bidder is willing to pay during the term). The bid rate must be presented as: (a) the reservation rate per Dth/month, (b) the reservation rate per Dth/day (which will be converted to a monthly rate by multiplying the daily rate times 365 and dividing the result by 12, rounded to the fourth decimal place), or (c) the maximum Tariff rate (i.e., the applicable maximum rate stated in the Tariff). For each capacity option a bidder must select only one of the reservation rate options provided in the bid sheet form.
By submitting a bid sheet, a bidder certifies that: (a) all information contained in its bid sheet is complete, true, and accurate in all respects; (b) it satisfies, or will be able to satisfy, all the requirements of the Tariff and as set forth in this Open Season; and (c) the person submitting the bid sheet has full authority to bind the bidder.
A bidder may have only one bid sheet pending for evaluation at a time in this Open Season. A submitted bid sheet for this Open Season, however, may be withdrawn by providing written notice of withdrawal to CIG prior to the Open Season End Date and using the same process as submitting bid sheets as described above. CIG will use the time and date stamp on CIG's e-mail box to determine a timely withdrawal. Once a submitted bid sheet is withdrawn, another subsequent bid sheet may be submitted by the same bidder if and only if the subsequent bid is at a higher present value (“PV”). Any subsequent bid with a PV equal to or lower than the withdrawn bid will be considered invalid.
Bids submitted in this Open Season on or before the Open Season End Date that have not been properly withdrawn or considered invalid will constitute a binding irrevocable offer by the bidder to contract for capacity. The award of the capacity in this Open Season will be an acceptance of the offer and the parties shall be contractually bound at that time.
In addition to the bid reservation rate (whether a negotiated rate or the maximum Tariff rate), each successful bidder will pay (a) the maximum applicable CIG commodity charges contained in the Tariff and all ACA surcharges, fuel, lost and unaccounted-for gas retainage (“FL&U”), and all other maximum rates, charges and surcharges which are (i) approved by FERC in or pursuant to any subsequent FL&U filing and/or (ii) authorized by the Tariff from time to time (collectively, “Surcharges”), and (b) an allocated share of the WIC Surcharges (defined below).
Creditworthiness Requirements:
Successful bidder(s) must demonstrate and maintain throughout the term of the applicable FTSA (defined below) satisfaction of the following creditworthiness requirements:
(a) If a successful bidder is rated by Standard & Poor's Corporation (“S&P”) and/or Moody's Investor Service (“Moody's”), then such bidder shall be deemed creditworthy by CIG if: (i) such bidder's senior unsecured debt securities are rated at least BBB- by S&P or Baa3 by Moody's (in the event the bidder is rated differently by multiple agencies, the lowest rating shall be used in making such determination); and (ii) such bidder is not under review for possible downgrade by S&P and/or Moody's to a level below that set forth in the foregoing subpart (i).
(b) If at any time during the term of the FTSA, the successful bidder's S&P or Moody's rating falls below the levels described in paragraph (a) above, or such bidder becomes unrated or otherwise fails to satisfy the requirements of paragraph (a) above, then for the time period bidder's ratings are below that level or bidder is unrated or is otherwise unable to satisfy the requirements of paragraph (a), such bidder shall satisfy its creditworthiness obligation by providing one of the forms of credit support described in paragraph (c) below. If such bidder subsequently becomes able to satisfy the S&P or Moody's rating levels described in paragraph (a) above, such bidder may immediately satisfy its creditworthiness obligations in the manner provided in paragraph (a).
(c) If at the time of the execution of the FTSA, or at any time thereafter, a successful bidder is unable to satisfy its creditworthiness obligations in the manner set forth in paragraph (a) above, then such bidder shall satisfy its creditworthiness obligations by providing and maintaining, at its option: (i) an irrevocable, unconditional guarantee of its obligations under the FTSA, reasonably acceptable to CIG, and issued by another person or entity which satisfies the creditworthiness standards set forth in paragraph (a); or (ii) an irrevocable letter of credit from a bank reasonably acceptable to CIG, and equal to the anticipated charges under the FTSA during the lesser of (A) 36 months and (B) the period of time remaining in the term of the FTSA.
(d) To the extent evidence of a successful bidder's creditworthiness is not publicly available, upon reasonable request by CIG, such bidder shall promptly provide evidence to CIG of such bidder's creditworthiness, which CIG may share with its lenders or creditors or any nationally recognized rating agency that is then maintaining a rating of CIG's debt securities.
(e) If any change in ratings or conditions requires a successful bidder to change how it demonstrates its satisfaction of its creditworthiness requirements, such bidder shall make that demonstration (including, if necessary, the provision of guarantee or letter of credit) within 15 Business Days of the change in ratings or conditions requiring the new demonstration of creditworthiness.
Successful bidders that fail to satisfy the creditworthiness requirements of this section within a reasonable time will have their capacity award withdrawn. CIG reserves the right to seek any and all permitted remedies as a result of the breach of the bid. CIG will treat any financial statements provided by bidders as confidential.
Execution of FTSA:
Each successful bidder and CIG shall enter into and execute a Firm Transportation Service Agreement (a “FTSA”) reflecting the terms of its bid as awarded by CIG. All successful bidders shall execute and return a FTSA within the earlier of the day before the first day of the term of firm transportation service in the bid as awarded by CIG or 20 Business Days following the day CIG tenders the FTSA to the bidder (“Execution Date”); provided, that, CIG will not tender a FTSA to a bidder before the Management Date (defined below) if such bidder elects to condition its bid as provided in Section E of its bid sheet. If a successful bidder fails to fully execute and return the FTSA on or before the Execution Date, then CIG reserves the right to cancel the successful bidder's binding bid without prejudice as to CIG's right to seek any and all permitted remedies as a result of the successful bidder's failure to execute the FTSA. The FTSA will be in the form contained in the Tariff and may include certain additional non-conforming provisions consistent with the requirements and conditions set forth in this Open Season, including those related to creditworthiness, availability of the Leased Capacity, the construction of incremental facilities required to provide transportation service, and Greenhouse Gas Emissions Costs. CIG and any successful bidder may mutually agree to enter into and execute more than one FTSA that together reflect all the terms of the successful bid as awarded by CIG.
A contractual right of first refusal is offered to successful bidders for the Opal Capacity and/or the Kanda Capacity, which will be conditioned on the Leased Capacity being available and limited to the remaining term of the Capacity Lease, including any extensions and renewals thereof.
Each FTSA shall provide that, subject at all times to FERC's approval of the particular costs, cost recovery mechanism(s), and manner of recovery in question, CIG shall be entitled to recovery of Greenhouse Gas Emissions Costs incurred by CIG attributable to natural gas transported for bidder. As used herein “Greenhouse Gas Emissions Costs” means (a) the cost of any carbon emissions tax or other greenhouse gas assessment that is imposed on CIG or that CIG is required to pay under the terms of the Capacity Lease, and/or (b) the cost of any greenhouse gas mitigation efforts, including the costs of credits and offsets that CIG incurs to comply with any greenhouse gas laws, rules, or regulations. If (x) CIG is unsuccessful in having the FERC-approved Greenhouse Gas Emissions Costs incurred by it recovered through a FERC-approved surcharge applicable to all shippers, and (y) such amounts are recoverable only through CIG's FERC-approved recourse rates, then bidder will agree to modify the negotiated reservation rate by the amount of CIG's maximum Tariff rate under Rate Schedule TF-1 that is attributable to such Greenhouse Gas Emissions Costs.
Existing shippers that currently hold firm capacity on CIG's pipeline system that overlaps or is contiguous with awarded Expansion Capacity that wish to combine such capacity with awarded Expansion Capacity into a single FTSA, may request, and CIG will consider, that the parties amend, and if applicable combine, the applicable existing contract(s) to include the awarded Expansion Capacity therein as further provided in and consistent with the provisions of Section 4.11 of the General Terms and Conditions of the Tariff.
Evaluation Criteria:
If CIG receives acceptable bids for capacity in excess of the actual amount of the applicable available capacity, then CIG will award and/or allocate the capacity in a manner that yields the highest total PV as calculated below. In determining which bid(s) yield the highest total PV, CIG reserves the right to combine multiple bids (or selected capacity options), in whole or in part, in a manner that results in a total PV of the combined bids that exceeds the highest PV achievable by accepting one or more of the disaggregated bids. This process could result in a bidder being awarded less capacity than requested (unless such bidder elects on its bid sheet not to accept an allocation of capacity) and/or a bidder being awarded only one of its selected capacity options (if such bidder bids on both capacity options).
With respect to each capacity option, the PV of such option will be calculated as the sum of the present values for all of the months beginning with the first month capacity is available through the end date of the applicable bid term. The PV for each month will be calculated as follows:
PV = (R x Q)/((1+i) to the power of n)
Where: R = the monthly reservation bid rate
Q = the monthly bid volume
i = the monthly discount rate of 0.6300% (which is the annual discount rate of 7.50% divided by 12)
n = the number of months from September 1, 2029 (such date being the earliest date the Expansion Capacity is expected to be available in this Open Season) to the last month the revenue will be received according to bid term (for example, n = 1 for September 2029, n = 2 for October 2029, and so on)
Additional Bid Conditions:
CIG will consider bids that are subject to receiving the approval of bidder's and/or its parent companies' management, management committee, and/or board of directors or other applicable management structure within 60 days after an award of Expansion Capacity is made to such bidder (such date, the “Management Date”) as further provided in the bid sheet.
Additional Terms, Conditions, and Reservations:
CIG and WIC will be parties to a pipeline capacity lease agreement for the Leased Capacity (the “Capacity Lease”). WIC's obligation to deliver the Leased Capacity is subject to certain conditions, including (a) the construction and placement in service of facilities, including a replacement compressor at WIC's Harold Burrow Compressor Station and other system upgrades and modifications, necessary to provide the Leased Capacity (the “WIC Facilities”) and (b) the satisfactory receipt by WIC of all necessary approvals, permits, orders, easements, and rights-of-way for the Capacity Lease and the WIC Facilities, including receipt from FERC of such certificates and/or orders authorizing the lease of the Leased Capacity under the terms set forth in the Capacity Lease and construction of the WIC Facilities, in each case, in form and substance satisfactory to WIC in its sole discretion.
Service under a FTSA will be conditioned on CIG and WIC entering into the Capacity Lease and WIC delivering the Leased Capacity to CIG thereunder. Under the terms of the Capacity Lease, the parties will track the incremental quantity of natural gas consumed by WIC to provide the Leased Capacity (the “WIC Expansion Fuel Gas”), and CIG will be assessed in-kind charges for such WIC Expansion Fuel Gas (the “WIC Expansion Fuel Gas Charges”). In addition, CIG will be charged applicable commodity charges contained in WIC's FERC Gas Tariff, Third Revised Volume No. 2, as amended from time to time (the “WIC Tariff”) and all fuel, lost and unaccounted-for gas retainage (“WIC Mainline FL&U”), and all other maximum rates, charges and surcharges which are (a) approved by FERC in or pursuant to any subsequent FL&U filing and/or (b) authorized by the WIC Tariff from time to time (collectively with the WIC Expansion Fuel Gas Charges, the “WIC Surcharges”). CIG estimates that the incremental WIC Expansion Fuel Gas Charges will initially equal 1.42% for the Leased Capacity; however, the actual WIC Expansion Fuel Gas Charges will be trued-up quarterly. The WIC Surcharges will be passed through to successful bidders. Bidders are encouraged to review the WIC Tariff to understand the WIC Surcharges that may be assessed (and passed through to bidders).
Bids for some or all of the Expansion Capacity (under any capacity option) at the maximum rates stated in the Tariff may not provide sufficient economic justification for CIG's capital investment in the Green River Compressor Station or the acquisition of the Leased Capacity. Accordingly, CIG reserves the right to reject all bids received in connection with this Open Season and cancel the proposed Green River Compressor Station and/or the Leased Capacity if it does not receive adequate bids for quantities and terms that are necessary to economically justify the required undertakings.
CIG reserves the right to seek clarification of any bid (including, without limitation, the rate, quantity, term, or point(s) of receipt or delivery) but shall not be required to do so. To be considered, any responding clarification by bidders must be provided in writing and within the time requested by CIG. Such clarifications shall be incorporated as part of the binding bid submitted by the bidder and, in the case of conflict with the earlier submitted binding bid, the timely submitted written clarification shall control.
Although this is a binding Open Season, CIG reserves the right, in its sole discretion, to consider requests received after the Open Season End Date, including requests to modify a bidder's validly submitted bid, but will be under no obligation to do so. Requests for capacity received after the Open Season End Date will be subject to the terms and conditions set forth in this Open Season.
CIG reserves the right to reject negotiated rate bids, bids that have rates less than the maximum Tariff rate, bids stated as the dollar equivalent of the current maximum Tariff rate, and bids that are incomplete, contain offers of varying rates within the term, contain additional or modified terms, or are inconsistent with the provisions of the Tariff or this Open Season. CIG also reserves the right to reject bids that do not reflect the same quantity for the duration of the term.
Successful bidders will be responsible for securing their own transportation arrangements on pipelines and other facilities upstream and downstream of the applicable points of receipt and delivery. Successful bidders will also be responsible for confirming the availability of their requested points of receipt and delivery with the applicable point operators.
The Expansion Capacity and the undertakings described in this Open Season are subject to the approval of the appropriate management committee and/or board of directors of CIG and/or its parent companies and CIG's and WIC's timely receipt of all necessary regulatory approvals, permits, and other authorizations (a) required to construct and operate the Green River Compressor Station and related facilities and (b) necessary for CIG to enter into the Capacity Lease and obtain and use the Leased Capacity from WIC thereunder, in each case, in form and substance satisfactory to CIG in its sole discretion. Furthermore, to the extent the FTSA(s) is deemed to be non-conforming and/or incorporate negotiated rates therein, CIG will file such FTSA(s) with FERC for review as required by applicable regulations, and service under such FTSA(s) will be subject to FERC's approval and/or acceptance of the terms thereof.
CIG reserves the right to, upon notice at any time and in its sole discretion, terminate this Open Season, extend any date or time specified in this Open Season, amend or supplement the terms of this Open Season, or otherwise modify this Open Season. In addition, CIG reserves the right to reject any bid which fails to comport with the provisions of this Open Season in any respect.
CIG notes that FERC Order No. 894, in some cases, prohibits multiple affiliates of the same entity from bidding in an open season for capacity in which the pipeline may allocate capacity on a pro rata basis. It appears to CIG that the restrictions imposed by FERC Order No. 894 will be applicable in this Open Season and FERC recommends that potential bidders review and adhere to the requirements of that FERC Order.
Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Tariff.
Contact Information:
Questions concerning this Open Season should be directed to:
Tim Dorpinghaus (719) 520-4245
Ken Ulrich (719) 520-3712
Beth Gerber (719) 520-4856
Seth Wright (281) 229-3956
Open Season Bid Sheet Follows
CHEYENNE TO OPAL EXPANSION OPEN SEASON BID SHEET
COLORADO INTERSTATE GAS COMPANY, L.L.C. (“CIG”)
Email Bid To: KMWestBids@KinderMorgan.com
Legal Name of Shipper:
Name of Requesting Party:
Title of Requesting Party:
DUNS Number:
Address:
Phone:
Capacity Option
Requested Term Start Date1
Requested Term End Date
Requested Maximum Delivery Quantity (MDQ)
Will Shipper accept an allocation of capacity2
Reservation Rate (Select only ONE per Capacity Option)
Opal Capacity
_____________ Dth/day3
☐ Yes
☐ No
☐ Negotiated Rate: $ per Dth per month4 or
☐ Negotiated Rate: $ per Dth per day5 or
☐ Maximum Tariff Rate6
Kanda Capacity
_____________ Dth/day7
1 A Requested Term Start Date shall not be earlier than September 1, 2029. If Shipper's bid is successful, the actual Term Start Date will be the later of: (a) the Requested Term Start Date, or (b) the date Wyoming Interstate Company, L.L.C. (“WIC”) is legally authorized and physically capable of providing the Leased Capacity under the Capacity Lease (as such terms are defined in the Cheyenne to Opal Expansion Open Season notice (the “Open Season Notice”)), and, with respect to the Opal Capacity, the Green River Compressor Station (as defined in the Open Season Notice) is in-service.
2 By accepting an allocation of capacity, Shipper understands that it may be awarded only a portion of the specified MDQ.
3 Shipper's requested Opal Capacity MDQ should not exceed 100,000 Dth/day.
4 A “Negotiated Rate” is a fixed rate that is not subject to the applicable maximum or minimum rates stated in CIG's Federal Energy Regulatory Commission Gas Tariff, Second Revised Volume No. 1 (the “Tariff”), as such rates may change from time to time.
5 A daily Negotiated Rate will be converted to a monthly rate by multiplying the daily rate times 365 and dividing the result by 12, rounded to the fourth decimal place.
6 The “Maximum Tariff Rate” is the applicable maximum reservation rate stated in the Tariff, as such rate may change from time to time. If a transportation path includes multiple applicable maximum reservation rates, the Maximum Tariff Rates will be the sum of the applicable maximum reservation rates for such path, as such rates may change from time to time.
7 Shipper's requested Kanda Capacity MDQ should not exceed 75,000 Dth/day.
Primary Point(s) of Receipt
Point(s) of Receipt Quantity (Dth/day)1
Primary Point(s) of Delivery
Point(s) of Delivery Quantity (Dth/day) 1
Other:
1 The sum of the Point(s) of Receipt Quantity for all locations and the sum of the Primary Point(s) of Delivery Quantity for all locations should equal the Opal Capacity MDQ.
2 The Primary Point of Receipt is a point of receipt on the WIC mainline. The capacity available at BOW Bowie (800104) is limited to 125,200 Dth/day and the capacity available at FLY Flying Hawk (800245) is limited to 50,000 Dth/day. If the aggregate BOW Bowie (800104) or FLY Flying Hawk (800245) Point of Receipt Quantities requested by all successful bidders/shippers is more than the available capacity at such point, CIG will allocate the available capacity in a manner that yields the highest total PV consistent with the provisions set forth in the Open Season Notice and, thereafter, among successful bidders/shippers in an equitable manner as reasonably determined by CIG.
KAN Kanda (800335) Alternative(s)5:
1 The sum of the Point(s) of Receipt Quantity for all locations and the sum of the Point(s) of Delivery Quantity for all locations should equal the Kanda Capacity MDQ.
2 The Primary Point of Receipt is a point of receipt on the WIC mainline.
4 The capacity available at KAN Kanda (800335) is limited to 42,500 Dth/day. If the aggregate KAN Kanda (800335) Point of Delivery Quantities requested by all successful bidders/shippers is more than 42,500 Dth/day, CIG will allocate the available capacity in a manner that yields the highest total PV consistent with the provisions set forth in the Open Season Notice and, thereafter, among successful bidders/shippers in an equitable manner as reasonably determined by CIG.
5 If Shipper selects KAN Kanda (800335), Shipper should also identify an alternative Point(s) of Delivery (e.g., OVW, TML, or BTC) for the portion of the Point of Delivery Quantity, if any, that is not allocated to Shipper in accordance with the foregoing note 4.
In addition to the bid rate, Shipper will pay (i) the maximum applicable commodity charges contained in the Tariff and all ACA surcharges, fuel, lost and unaccounted-for gas retainage (“FL&U”), and all other maximum rates, charges and surcharges which are (A) approved by FERC in or pursuant to any subsequent FL&U filing and/or (B) authorized by the Tariff from time to time (collectively, “Surcharges”), and (ii) an allocated share of the WIC Surcharges, including the WIC Fuel Gas Charges, as provided in the Open Season Notice.
Furthermore, subject at all times to FERC's approval of the particular costs, cost recovery mechanism(s), and manner of recovery in question, CIG shall be entitled to recovery of Greenhouse Gas Emissions Costs incurred by CIG attributable to natural gas transported for Shipper. As used herein “Greenhouse Gas Emissions Costs” means (i) the cost of any carbon emissions tax or other greenhouse gas assessment that is imposed on CIG or that CIG is required to pay under the terms of the Capacity Lease (as defined in the Open Season Notice), and/or (ii) the cost of any greenhouse gas mitigation efforts, including the costs of credits and offsets that CIG incurs to comply with any greenhouse gas laws, rules, or regulations.
Shipper's bid is subject to Shipper receiving the approval of its and/or its parent companies' management, management committee, and/or board of directors or other applicable management structure within 60 days after Expansion Capacity is awarded to Shipper. A bid made subject to such condition will be rejected and the award of Expansion Capacity withdrawn if written evidence of receipt of such approval is not provided to CIG within such 60-day period.
By submitting this binding bid to CIG, Shipper certifies that (a) all information contained in this bid is complete and accurate, (b) it satisfies, or will be able to satisfy, all the requirements of the Tariff and as set forth in the Open Season Notice, and (c) the person submitting this bid has full authority to bind Shipper.
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