Energy West Development, Inc.

Original Volume No. 1

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Effective Date: 06/11/2010, Docket: RP10-732-000, Status: Effective

First Revised Sheet No. 66A First Revised Sheet No. 66A

Superseding: Original Sheet No. 66A

 

(c) Notice of Election. The term "Notice of Election" shall mean the

notice that an Existing Shipper provides Transporter, as prescribed

in Section 26.5(b) of the General Terms and Conditions of this

Tariff, that the Existing Shipper intends to exercise its Right of

First Refusal upon termination of its Transportation Service

Agreement.

 

(d) Bid Notification. The term "Bid Notification" shall mean the

notification of a bid that an Offering Shipper submits to

Transporter, as prescribed in Section 26.5(d) of the General Terms

and Conditions of this Tariff, for all or a portion of the capacity

available as a result of termination of a Transportation Service

Agreement.

 

(e) Best Bid. The term "Best Bid" shall mean the bid that Transporter

determines, on a nondiscriminatory, objective basis, is the best

bid, as prescribed in Section 26.5(h) of the General Terms and

Conditions of this Tariff, that Offering Shippers have offered for

capacity available under the terminating Transportation Service

Agreement.

 

(f) Competing Offer. The term "Competing Offer" shall mean the Best Bid

that Transporter accepts and presents to an Existing Shipper for the

Existing Shipper to match under the Bid Matching Procedure

prescribed in Section 26.5(j) of the General Terms and Conditions of

this Tariff.

 

26.4 Pregranted Abandonment of Transportation Service Agreement. Upon the

expiration, cancellation or termination of a Transportation Service

Agreement, Transporter has pregranted authority to abandon that service

pursuant to Section 7(b) of the Natural Gas Act, and Transporter shall have

no further obligation to render service under the Transportation Service

Agreement unless the Existing Shipper exercises a Right of First Refusal as

prescribed in Section 26.5 of the General Terms and Conditions of this

Tariff.

 

26.5 Right of First Refusal.

 

(a) Existing Shipper's Right of First Refusal. Upon expiration of a

Transportation Service Agreement subject to this Section 26.5(a),

and provided that the Existing Shipper meets the standards of

Section 3.5 of these General Terms and Conditions, the Existing

Shipper will have a "Right of First Refusal". The Existing Shipper

may elect to retain all or a portion of the capacity subject to its

Right of First Refusal. If the Existing Shipper elects to retain

only a portion of the available capacity, Transporter has