Colorado Interstate Gas Company

First Revised Volume No. 1

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Effective Date: 06/01/2010, Docket: RP10-689-000, Status: Effective

Eleventh Revised Sheet No. 269 Eleventh Revised Sheet No. 269

Superseding: Tenth Revised Sheet No. 269

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

4.6 Right of First Refusal.

 

(a) Any Shipper with a firm agreement for storage or

Transportation Service shall have a continuing right for the

capacity underlying the Shipper's agreement provided that:

 

(i) Shipper either (i) has an agreement with an effective

date before March 27, 2000 with a term of one year or

longer, or (ii) has an agreement with an effective date

on or after March 27, 2000 for service for twelve

consecutive months or more at the applicable maximum

rate for that service, except that a contract for more

than one year, for service which is not available for 12

consecutive months, would be subject to the right of

first refusal. However, if such Shipper has entered

into a firm agreement utilizing off-system capacity

contracted for pursuant to Section 4.3 above, 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 receives service for 12 consecutive Months for

contracts with a term of more than one year, when

service is available for 12 consecutive Months or more;

 

(iii) Shipper and Transporter have not negotiated away

Shipper's right of first refusal;

 

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

and

 

(v) Shipper does not have a negotiated rate firm

transportation or storage agreement except as provided

for in Section 4.9.

 

(vi) Right of First Refusal applicable to Rate Schedules FS-Y

and TSB-Y may not extend beyond the termination date of

Transporter's acquired Young Storage capacity.

 

(b) Subject to Section 4.6(a) above, Shipper may exercise its

right to retain a portion of its firm service entitlement

subject to the right of first refusal, however, the Shipper

may not exercise the right of first refusal for a geographic

portion of its agreement.