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. 229 First Revised Sheet No. 229
Superseding: Original Sheet No. 229
GENERAL TERMS AND CONDITIONS
4. REQUEST FOR SERVICES (Continued)
4.9(c) Right-of-First-Refusal ("ROFR") (Continued)
(iii) A Shipper shall relinquish all rights to the capacity
underlying its firm TSA upon termination of the TSA by
providing a notice stating that it will not exercise its
ROFR rights or by failing to provide notice of its
intent to exercise its ROFR rights by the deadline
(iv) Transporter and Shipper may agree to revise the terms
and conditions of the TSA prior to the Shipper providing
its notice of intent to Transporter. However, once the
Shipper has provided its notice of intent or the
notification period has expired, the TSA may only be
revised by following the requirements of this section.
(v) If the TSA contains an evergreen provision, the ROFR
provisions of this section will not apply until the TSA
has reached the end of the evergreen period.
(d) Solicitation of Bids. If the Shipper provides notice of its
intent to exercise ROFR rights, then Transporter shall solicit
competing bids for the subject capacity. Transporter shall
post on its EBB for 30 Days the terms and conditions of the
expiring TSA. Any Party qualified under the capacity release
rules of this Tariff may submit a bid for all, or a portion
of, the subject capacity during the bid period.
(e) Existing Shipper's and Right to Match. Within ten Business
Days after the close of the bid period, Transporter shall
notify the existing Shipper of the best offer or offers
received for the expiring capacity. Transporter's evaluation
shall be based on one of the capacity release bid evaluation
methods listed in Section 9.11(d). Transporter shall identify
the method to be used in its solicitation of bids. The term
of any competing offer shall not be capped for comparison
purposes. Within ten Business Days after such notification by
Transporter, the existing Shipper must notify Transporter of
its intent to match the best offer(s). If the existing
Shipper does not agree to match the best offer(s), then the
existing Shipper relinquishes all rights to such capacity.
Transporter may enter into a TSA with the bidder(s) submitting
the highest offer(s). However, Transporter shall not be
required to enter into a TSA that is at less than
Transporter's applicable maximum Tariff rate.