The posting process as discussed below in Steve Kirks email is what we believe is the best way to handle the sale of any incremental Needles only capacity.  

 In regard to new generally available capacity, for example as a result of a ROFR contract not rolling over,  the capacity would be posted as generally available, and again, per the tariff we are not required to agree to amend a primary point.  We would suggest use of a posting/open season that follows the turnback capacity for sale with the parameters for bidding laid out, including the time period for which we are accepting bids.  If no acceptable bids are received, and a shipper asks to amend their primary point, the tariff provides the right to decline unless agreed.  However, if you have given a shipper the contractual right to change their primary point ie, request an available point, you will have to accept the request.   Hope this helps and concurs with our discussion today.

 -----Original Message-----
From: 	Kirk, Steve  
Sent:	Tuesday, October 09, 2001 3:26 PM
To:	Kilmer III, Robert; Lokey, Teb
Cc:	Miller, Mary Kay; Pavlou, Maria
Subject:	Increased Take-away at SoCal Needles

Based upon our understanding of the request from TW Marketing, here is our suggested position on the posting and awarding of potential take-away capacity at SoCal Needles from approximately 1/1/02 to 5/31/02.

TW would post on its website a notice in the capacity section that, based on information provided by SoCal regarding an expansion on their system, the take-away capacity at SoCal Needless may be increased by __Dth/day for the period of approximately 1/1/02 to 5/31/02.  Shippers would be advised that the actual start date would depend on SoCal completing their system modifications. The posting would say that TW would accept requests for such capacity during a stated period of time (a minimum of 3 business days).  TW would award the capacity to the shipper(s) willing to provide the greatest cost commitment. The greatest cost commitment would be defined as those revenues above and beyond the current revenues which Transwestern already receives from reservation charges being paid prior to the bid period.

Call me and I'll arrange for us to meet to discuss this further.   sjk