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.