Rockies Express Pipeline LLC (Entrega)

Second Revised Volume No. 1

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Effective Date: 09/01/2007, Docket: CP06-354-002, Status: Effective

Original Sheet No. 222 Original Sheet No. 222 : Effective

 

GENERAL TERMS AND CONDITIONS

 

17. OBTAINING FIRM CAPACITY, CONTRACT ROLLOVERS AND RIGHT OF FIRST REFUSAL

(Contd.)

17.3 RIGHT OF FIRST REFUSAL (Contd.)

 

A. (Contd.)

1. expansion projects as set forth in Section 2 of these

General Terms and Conditions; and

 

2. Capacity that is already under contract for a future

period subject to the following conditions:

 

a. the future Capacity must have been sold through

an open season bidding process permitting bids

for Capacity for service to start immediately or

anytime in the future; and

 

b. the bids must have been evaluated and awarded on

a Net Present Value basis.

 

B. To exercise the Right of First Refusal, Shipper must provide

Transporter with notice via the Interactive Website of its

intent to do so in a form specified by Transporter and must

submit such notice at least one (1) year prior to the

expiration of the existing Service Agreement, unless a

Service Agreement is only one (1) year in length, in which

case the notice period shall be not less than six (6)

months. Transporter and Shipper may mutually agree to a

notice period greater than that specified in the preceding

sentence.. Shipper's notice of intent to proceed under the

Right of First Refusal must specify a desired term of

service and the desired MDQ in total and the desired MDRQ or

MDDQ, as applicable, at each Receipt and Delivery Point. If

the requested MDQ is greater than the existing MDQ in total

or above the existing MDRQ or MDDQ at each Receipt and

Delivery Point, any such increase shall be treated as a

request for new service under the applicable Rate Schedule

and only the original MDQ, MDRQ and MDDQ shall be subject to

the Right of First Refusal under this section. The Right of

First Refusal may apply to a portion of the original

Shipper's then effective service. Any notice specifying a

decrease in MDQ in total or at any Point shall not affect

the existing Agreement during its remaining term.