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. 230 First Revised Sheet No. 230

Superseding: Original Sheet No. 230

 

GENERAL TERMS AND CONDITIONS

(Continued)

4. REQUEST FOR SERVICES (Continued)

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

(f) Continuation if No Firm TSA is Executed. If Transporter does not

execute a firm TSA with a competing Shipper on or before the

expiration of the existing Shipper's TSA, the existing Shipper

shall have the right to continue service at Transporter's maximum

applicable Tariff rate for an agreed term between the Parties.

 

(g) Evergreen Rights. Transporter and Shipper may mutually agree to

an evergreen provision in the TSA that would allow the TSA to go

beyond its primary term with the mutual consent of the parties.

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. 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.

 

(h) Capacity that is sold on an interim basis up to the commencement

date of a prospective firm transportation agreement, pursuant to

Section 4.3(f) of the General Terms and Conditions, shall not be

eligible for a right of first refusal.

 

(i) Transporter and Shipper may mutually agree to the early

termination of one or more TSAs in exchange for Shipper's

extension of the use of all or part of the underlying capacity

under new terms. To the extent that Transporter and Shipper have

mutually agreed to this arrangement, Shipper need not participate

in an open season for the extension nor must the underlying

capacity be posted on Transporter's EBB as unsubscribed,

available capacity prior to the extension.

 

(j) Prior to the expiration of the term of a TSA, Transporter and

Shipper may mutually agree to an extension of the term of the TSA

with respect to all or part of the underlying capacity (the exact

terms of which are to be negotiated on a case-by-case basis in a

not unduly discriminatory manner). To the extent that

Transporter and Shipper have mutually agreed to this arrangement,

Shipper need not participate in an open season for the extension

nor must the underlying capacity be posted on Transporter's EBB

as unsubscribed, available capacity prior to the extension. If a

TSA has a right-of-first-refusal, the agreement to extend the

term must be reached prior to the receipt of an acceptable bid

submitted pursuant to Section 4.3 of these General Terms and

Conditions.