Horizon Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 04/18/2002, Docket: CP00-129-001, Status: Effective
Original Sheet No. 198 Original Sheet No. 198 : Effective
GENERAL TERMS AND CONDITIONS
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(c) Within fifteen (15) days after receipt of a notice
under Section 17.2(b), Horizon shall post via DART an Announcement of
Capacity Availability Subject to Right of First Refusal (Capacity
Announcement) which shall: (1) specify the original Shipper's service
rights; (2) indicate the availability of such service as of the date
the existing Agreement expires, subject to the Right of First Refusal;
(3) state the maximum rate applicable to such service; (4) set out any
other information required by this Section; and (5) solicit bids for
such service. Such Capacity Announcement shall be maintained, and bids
accepted via DART, for a period of one (1) month from the initial
posting.
(d) (1) Within one (1) week after the end of the one
month period during which the Capacity Announcement is posted, Horizon
shall convey to the original Shipper a term sheet for the best bid
(based on price and term) which would qualify for such service in all
respects (including meeting applicable credit criteria), which is a
bona fide bid and which Horizon is willing to accept. Horizon may, but
is not required to, accept any bid which reflects a discount from the
applicable maximum rate. In assessing which is the best bid if more
than one bid is received, Horizon shall apply the same criteria as are
utilized to allocate firm capacity pursuant to Section 3.1 (except
that contract terms in excess of five years shall not increase the
value of any bid). If a bid is received for a Negotiated Rate or
Negotiated Rate Formula pursuant to Section 33 of these General Terms
and Conditions, the value of the bid shall be assessed utilizing the
Recourse Rate in lieu of the Negotiated Rate or Negotiated Rate
Formula consistent with said Section 33.
(2) Horizon's term sheet shall contain any and all
terms of the bid but shall not identify the bidder; provided, however,
such bid sheet shall indicate if the best bid was submitted by an
affiliate of Horizon. Except for the providing of such term sheet to
the original Shipper, all terms and conditions of any bid and the
identity of the bidder shall remain confidential; provided that the
Commission may on request have access to such information on a
confidential basis.
(3) The original Shipper shall have two (2) weeks
to notify Horizon whether or not it desires to match the best bid.
To match the best bid, the original Shipper must agree to a price
(up to the applicable maximum rate or Recourse Rate) and a term (up
to five years) which at least equals the bid on all or any portion
of the service the original Shipper desires to retain; provided,