Carolina Gas Transmission Corporation

Original Volume No. 1

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Effective Date: 11/01/2006, Docket: CP06- 71-001, Status: Effective

Original Sheet No. 133 Original Sheet No. 133 : Effective

 

(c) If no acceptable bids are submitted for any portion of the

capacity, Shipper will be entitled to continue its existing

service for any portion of the capacity, for any term

desired, provided Pipeline and Shipper agree to mutually

acceptable rates for the service at a level within the

range of posted maximum and minimum Tariff rates for the

applicable service, or at a mutually acceptable Negotiated

Rate for the applicable service. If Pipeline and Shipper

fail to agree on rates within 30 days of the bid close

date, Shipper’s Right of First Refusal will be deemed to

have terminated. If Shipper wishes to retain only a

portion of its capacity and Pipeline has indicated in the

special conditions of its posting that it has determined

that partial use or segmentation of the posted capacity may

create operational problems (such as reducing Shipper’s

ability to respond to an OFO under GT&Cs Section 15),

Shipper may be subject to a contract-specific flow

requirement on its retained segment or must be willing to

take other remedial action acceptable to Pipeline.

 

(d) Within 15 days after the close of the bidding period,

Pipeline will notify Shipper of the winning bid(s).

Shipper then shall have five (5) days after receiving such

notice to notify Pipeline whether it will match the winning

bid(s). If Shipper elects to exercise its Right of First

Refusal to match the winning bid(s), Shipper’s Service

Agreement shall be amended to reflect the terms of such

bid(s).

 

(e) If Shipper does not exercise its Right of First Refusal,

Pipeline will execute a Service Agreement with each winning

Bidder.

 

4.7 Subject to this Section 4, on the expiration or termination of

any Service Agreement, whether for firm or interruptible service,

Pipeline will have all necessary NGA or other legal authority to

abandon or terminate such service without any requirement to make

application to the Commission for such authority.

 

4.8 Regardless of anything stated in this Section 4, Pipeline shall

not be required to provide service at any rate less than the

applicable Recourse Rate.