INTERESTED PARTIES IN THE OPEN SEASON FOR THE WYOMING-COLORADO INTERTIE TRANSMISSION PROJECT


The project:

Trans-Elect Development Company, LLC and the Wyoming Infrastructure Authority, with the assistance of the Western Area Power Administration, are co-developing a new privately funded transmission line to access resources in Wyoming with a delivery to the PSCO Interconnect at the Pawnee Substation located in Morgan County, Colorado. Capacity on WCI will be offered to all qualified parties on a contractual, non-discriminatory basis pursuant to the terms and conditions of the bid document. Commercial operations on WCI are expected to commence in the 2012-2013 timeframe subject to state and federal regulatory approvals.

NOTE: ELECTRONIC VERSIONS OF THE MATERIALS YOU ARE SEEKING TO ACCESS ARE BEING MADE AVAILABLE ON THIS WEBSITE BY WYOMING INFRASTRUCTURE AUTHORITY and TRANS-ELECT DEVELOPMENT COMPANY, LLC IN GOOD FAITH AND FOR THE PURPOSE OF ALLOWING INTERESTED PARTIES TO REVIEW THE DOCUMENTS PURSUANT TO THE OPEN SEASON. FOR THOSE PARTIES WISHING TO SUBMIT A QUAILFIED BID FOR CAPACITY, THE APPLICABLE DOCUMENTS MAY BE DOWNLOADED, COMPLETED AND SUBMITTED PURSUANT TO THE INSTRUCTIONS CONTAINED WITHIN SUCH DOCUMENTS.

YOU MUST READ THE CONFIDENTIALITY AGREEMENT BELOW; INCLUDE YOUR EMAIL ADDRESS; AND SIGNIFY YOUR ACCEPTANCE IN ORDER TO VIEW THE INFORMATION WITHIN THE OPEN SEASON SECTION OF THE WYOMING-COLORADO INTERTIE TRANSMISSION PROJECT WEBSITE (WCI).

Please read this notice carefully - it applies to all persons who view this portion of the site.

Please enter your email address and indicate your acceptance of the
Confidentiality Agreement in order to register for site access.

Email Address:

Confidentiality Agreement: View as PDF

CONFIDENTIALITY AGREEMENT (this "Agreement"), dated March 1, 2008, between Trans-Elect Development Company (LLC) ("Discloser"), and the counter-party requesting access to this WCI Open Season Website (the "Recipient," together with the Discloser, the "Parties"), recites and provides as follows:

WHEREAS, the Recipient may be receiving from the Discloser information of a confidential and non-public nature for use by Recipient in connection with the possible purchase of transmission capacity rights to be offered by an affiliate of the Discloser (the "Transaction"), and the Parties desire to protect the confidentiality of such information in accordance with the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties hereby agree as follows:

1. Confidential Information Defined. The Recipient or its officers, directors, agents, employees, affiliates or representatives, including advisers and legal counsel ("Representatives"), may receive certain non-public and confidential information from the Discloser or its officers, directors, agents, employees, affiliates or representatives, including advisers and legal counsel, including, but not limited to, technical and financial information, market projections or other confidential or proprietary information, in each case relating to the Transaction. All such technical, financial or other information thus supplied is hereinafter called the "Confidential Information." All information disclosed on the restricted access portion of this site located at http://www.WCIntertie.com shall be considered Confidential Information hereunder.

The term "Confidential Information" shall not include any information which Recipient can demonstrate:

  1. is independently developed by Recipient or lawfully received free of restriction from another source having the right to so furnish such information; or
  2. is or has become generally available to the public without breach of this agreement by Recipient; or
  3. which prior to the time of disclosure to Recipient was rightfully in the possession of Recipient free of restriction as evidenced by documentation in such party's possession.

2. Nondisclosure Obligation. The Recipient shall keep all Confidential Information received by it confidential and shall not disclose such information, in whole or in part, to any person other than its Representatives who are informed of this Agreement. The information shall be used by the Recipient and its Representatives solely in connection with the evaluation of the Transaction. For the purpose of complying with the obligations set forth herein, the Recipient shall use efforts commensurate with those it employs for the protection of comparable sensitive information of its own, but in no case less than a reasonable degree of care.

3. No Representations or Further Obligations. All disclosures made hereunder are at the sole discretion of the Discloser. It is understood that this Agreement does not obligate the Recipient to enter into any further agreements or to proceed with the Transaction or any other possible relationship or other transaction with the Discloser. The Discloser does not make any covenants, warranties or representations with respect to the accuracy or completeness or fitness for any particular use or purpose of any Confidential Information disclosed hereunder, and the Discloser shall have no liability to the Recipient arising out of the use of Confidential Information supplied under this Agreement.

4. Disclosures Required by Court Order. In the event that Recipient receives a request to disclose all or any part of Discloser's Confidential Information under the terms of a valid and effective subpoena or order issued by a court of competent jurisdiction or by a governmental body, Recipient agrees immediately to notify Discloser of the existence, terms and circumstances surrounding such a request so that Discloser may seek an appropriate protective order or waive compliance by Recipient with the appropriate provisions of this Agreement. If Recipient is compelled to disclose any of Discloser's Confidential Information, it will disclose only that portion thereof which it is compelled to disclose and shall use commercially reasonable efforts to obtain an order or other reliable assurance that confidential treatment be accorded to the Confidential Information so disclosed.

5. Termination. This Agreement covers only Confidential Information that is disclosed on or after the date hereof. The Recipient's obligations with respect to the Confidential Information received under this Agreement expire on the second anniversary of the date hereof.

6. Return of Confidential Information. Upon the request of Discloser, all documents, records, materials and similar repositories of information, including any and all copies thereof containing Confidential Information relating to Discloser then in the possession of Recipient or its Representatives, prepared by or obtained from Discloser shall be promptly surrendered and delivered to Discloser provided that Recipient may retain one (1) copy of all such Confidential Information for archival purposes only as the record of Confidential Information received.

7. Miscellaneous. This Agreement is made under, and shall be construed and enforced in accordance with, the laws of the State of [Wyoming]. The Recipient acknowledges that money damages would not be a sufficient remedy for any breach of this Agreement, and that, accordingly, in the event of any such breach or threatened breach, the Discloser shall be entitled to equitable relief, including an injunction or specific performance. Nothing contained herein shall in any way limit the rights or activities of either Party to deal directly with any third party so long as it complies with its obligations hereunder. If any one or more provisions of this Agreement are determined to be invalid, illegal or unenforceable in any respect, the remaining provisions of this Agreement shall remain in effect and shall not be affected by such invalidity, illegality or unenforceability. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes any prior agreement or understanding with respect to the subject matter hereof.

I have read and agree to the Confidentiality Agreement and all the terms and conditions contained therein.

DISCLAIMER:

Although the information contained in this information Web site is believed to be reliable, Wyoming Infrastructure Authority and Trans-Elect Development Company, LLC make no claim, promise, guaranty, representation or warranty as to the accuracy or completeness or suitability for any particular purpose of the third party reports or material contained herein.

Any prices or price levels contained herein are preliminary and indicative only and are subject to change at any time without notice. Any estimates included herein constitute our judgment as of the date hereof and are subject to change without any notice. Prior to using this information you should independently determine, without reliance on us, the economic risks and merits, legal, tax and accounting consequences of the matters described herein.