Cheyenne Plains Gas Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 07/26/2010, Docket: RP10-876-000, Status: Effective

First Revised Sheet No. 228 First Revised Sheet No. 228

Superseding: Original Sheet No. 228

 

GENERAL TERMS AND CONDITIONS

(Continued)

4. REQUEST FOR SERVICES (Continued)

4.9 Right-of-First-Refusal ("ROFR")

 

(a) Any Shipper with a firm TSA for Transportation Service shall

have a continuing right for the capacity underlying the

Shipper's TSA provided that:

 

(i) The TSA is a maximum rate contract for 12 or more

consecutive Months of service; or, the TSA is a multi-

year seasonal contract at the maximum rate for services

not offered by the pipeline for a full 12 Months.

However, if such Shipper has entered into a firm

agreement utilizing off-system capacity contracted for

pursuant to Section 4.6 below, it may not elect to

extend the term of its agreement beyond the term of

Transporter's agreement for such off-system capacity.;

 

(ii) Shipper complies with the requirements set forth herein;

 

(iii) Shipper does not have a negotiated rate firm TSA (except

for those TSAs referenced in Section 11.3 of Rate

Schedule FT); and

 

(iv) Shipper does not have an interim TSA for entitlement

associated with expansion projects as set forth in

Section 4.5.

 

(b) A Shipper may exercise its ROFR to retain a portion of the MDQ

subject to ROFR; however, the Shipper may not exercise its

ROFR for a geographic portion of the TSA.

 

(c) Shipper Notice of Intent to Exercise.

 

(i) For all firm TSAs eligible for the ROFR, Shipper shall

provide notice to Transporter in writing of its intent

to exercise its ROFR rights.

 

(ii) Notification of the Shipper's intent is due on or

before; (i) six Months prior to the expiration date for

firm TSAs of three years or less and (ii) 12 Months

prior to the expiration date for firm TSAs greater than

three years.