Cheniere Creole Trail Pipeline, L.P.

Original Volume No. 1

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Effective Date: 04/28/2008, Docket: RP08-137-000, Status: Effective

Original Sheet No. 185 Original Sheet No. 185 : Pending

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

21. PRE-GRANTED ABANDONMENT AND RIGHT OF FIRST REFUSAL

 

A. Continuation of Service and Pre-Granted Abandonment

 

Transporter shall continue to provide service under a Service Agreement if the

Service Agreement is extended under its terms and the Shipper exercises its

Right of First Refusal pursuant to Section 21.B herein. Any other Service

Agreement shall expire and shall automatically be terminated upon expiration

of the Service Agreement.

 

B. Right of First Refusal

 

Firm Shippers shall have the right of first refusal ("Right of First Refusal")

to retain existing capacity at the expiration of the primary term of a Service

Agreement to which the Right of First Refusal applies or at the expiration of

any unilateral rollover term for an applicable Service Agreement.

 

The Right of First Refusal shall apply to Service Agreements for firm service

where the Shipper has agreed to pay maximum tariff rates and the primary term

of the Service Agreement is twelve consecutive months or longer, or if the

Service Agreement is not available for twelve consecutive months, the Service

Agreement has a primary term of more than one year.

 

The Right of First Refusal shall be exercised as follows:

 

1. Twelve months prior to the expiration of the primary term, or any

exercised unilateral rollover provision, Transporter shall post the

availability of such capacity for bid on its Internet Website.

 

2. Parties interested in acquiring such capacity or any portion thereof

shall be required to submit bids for such capacity during a six-month period

commencing with the posting. Any bid must include the following information:

 

a. the identity of the bidder including business address, email address,

telephone and facsimile numbers;

 

b. the Primary Receipt and Delivery points;

 

c. the Maximum Daily Transportation Quantity (MDTQ) requested;

 

d. the rate bid;