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

Second Revised Sheet No. 219P Second Revised Sheet No. 219P

Superseding: Substitute First Revised Sheet No. 219P

 

TRANSPORTATION GENERAL TERMS AND CONDITIONS

(Continued)

 

4. REQUESTS FOR SERVICES (Continued)

 

4.15 Extension of Executed TSAs

 

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

termination of one or more Executed 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.

 

(b) Prior to the expiration of the term of an Executed TSA,

Transporter and Shipper may mutually agree to an extension of

the term of the Executed 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). If an existing TSA has either a

contractual or a regulatory right-of-first-refusal, the

mutual agreement of the parties to extend the existing TSA

must be reached prior to the receipt of an acceptable bid

submitted pursuant to the right-of-first-refusal procedures

described in Section 4.14.

 

(c) When an existing TSA is subject to a regulatory right-of-

first-refusal, or contains a contractual right-of-first-

refusal, or a rollover clause, the extension rights described

in this Section 4 will apply to each portion of capacity that

expires in increments (i.e., on a step-down basis) during the

term of the Executed TSA.

 

4.16 Creditworthiness Requirement. A Shipper wishing to obtain service

must first comply with the creditworthiness requirements of this

Section 4.16.

 

(a) Transporter shall not be required to perform or to continue

service under this FERC Gas Tariff on behalf of any Shipper

who is or has become insolvent, or fails to meet payment

obligations in accordance with Sections 12.2 or 12.3 of the

GT&C, or who, at Transporter's request, fails, within a

reasonable period to demonstrate creditworthiness or fails to

provide adequate assurances of performance as such are

defined in the Colorado version of the Uniform Commercial