El Paso Natural Gas Company
Second Revised Volume No. 1A
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Effective Date: 04/01/2010, Docket: RP10-454-001, Status: Effective
Ninth Revised Sheet No. 217 Ninth Revised Sheet No. 217
Superseding: Eighth Revised Sheet No. 217
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
4. REQUESTS FOR SERVICES
4.2 Prospective Sale of Available Capacity (Continued)
(c) If Transporter sells firm capacity pursuant to Section
4.2(b)(i), capacity will be made available to other shippers
on an interim basis up to the commencement date of the
prospective TSA. Where the requested start date of the
prospective capacity extends more than one Year into the
future, the interim capacity would otherwise be eligible for
the right-of-first-refusal ("ROFR") if it is acquired at the
maximum applicable tariff rate. Transporter will limit the
ROFR rights of such interim capacity using the following
procedures for the sale of prospective and interim capacity.
(i) A pre-arranged transaction for any such prospective
capacity shall be posted for competitive bidding
pursuant to the requirements of Sections 4.4 and 4.5.
(ii) The bid evaluation methodology for the award of such
capacity will be Net Present Value as defined in
Section 9.9(b)(iii).
(iii)If, after the award of the prospective capacity,
Transporter sells any related interim capacity that
would otherwise be eligible for ROFR rights, the
interim capacity will be posted for competitive bidding
pursuant to the requirements of Sections 4.4 and 4.5
and the posting will indicate that such capacity is not
eligible for ROFR rights.
(d) If Transporter sells firm capacity pursuant to Section
4.2(b)(iii) that involves the reservation of capacity for a
future expansion project, the requirements of Section 4.7
will also be followed.