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

(Continued)

 

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

described above.

 

(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.