Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 08/01/2010, Docket: RP10-926-000, Status: Effective

Fourth Revised Sheet No. 194 Fourth Revised Sheet No. 194

Superseding: Third Revised Sheet No. 194

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

23. RIGHT OF FIRST REFUSAL AND PREGRANTED ABANDONMENT

 

23.1 General

 

Any Shipper may, at the expiration of a firm Service

Agreement (i) for which Shipper is paying the maximum rate

applicable for the service, and (ii) with a term of at

least twelve (12) consecutive months (or, if the service is

not available for twelve (12) consecutive months, the

Service Agreement is for more than one year), continue

service for all or a portion of the firm capacity covered

by the Service Agreement, subject to the conditions of this

Section 23. Subject only to Shipper's Right of First

Refusal to continue service, Transporter shall have all

necessary abandonment authorization under the Natural Gas

Act as of such termination date and shall not be required

to seek case specific authorization prior to abandoning

service. For any Shipper that does not qualify for the

right of first refusal under this Section 23, Transporter

and any such Shipper may agree otherwise.

 

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.

 

The right of first refusal shall not be applicable to

capacity contracted under limited-term service agreements

associated with expansion/extension projects as set forth

in Section 35 of the General Terms and Conditions.

 

23.2 Right of First Refusal

 

To exercise its Right of First Refusal to continue

service for all or a portion of the firm capacity

covered by a Service Agreement, which meets the

requirements of Section 23.1, the Shipper must provide

notice to Transporter pursuant to Section 23.3 that it

desires to continue its Service Agreement and that it