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. 199 Original Sheet No. 199 : Effective
GENERAL TERMS AND CONDITIONS
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however, that if the original Shipper seeks to retain only a
portion of its MDQ, the analysis of whether the original Shipper
has matched the best bid may take into account the MDQ requested
under the best bid relative to the MDQ the original Shipper seeks
to retain. The original Shipper may provide a counteroffer which
contains either a higher price than the best bid or a longer term
than the best bid to offset a shorter term or a lower price than
that offered in the best bid. Horizon shall determine whether such
a counteroffer constitutes a match, utilizing the same criteria as
were applied to determine the best bid.
(e) (1) If the original Shipper matches the best bid,
it shall be entitled to continuation of service and shall be
obligated to sign an Agreement tendered by Horizon which reflects
the best bid or any counteroffer by the original Shipper which
matches such best bid.
(2) If the existing Shipper fails to match the
best bid, the existing Agreement shall terminate at the end of its
term and service to the existing Shipper shall be automatically
abandoned.
(3) Submission of a bid shall be binding on the
bidder. The bidder submitting the best bid shall be obligated to
sign an Agreement reflecting its bid if the original Shipper fails
to match. Nothing herein shall preclude negotiation of a more
acceptable Agreement by mutual consent of Horizon and such bidder;
provided, however, that service may not be agreed upon under terms
and conditions less favorable to Horizon than the best bid without
providing the original Shipper an additional opportunity to match
such revised terms and conditions.
(f) In the absence of a qualified bid, Horizon shall
notify Shipper of the rate (within applicable maximums and
minimums) and the term shall be negotiated between Horizon and the
Shipper. No discount or other special terms shall apply to a
rollover Agreement unless Horizon and Shipper mutually agree. If no
agreement is reached prior to the end of the two (2) week period
following Horizon's notice to Shipper, Shipper may, at that time,
require that Horizon enter into an Agreement to provide service at
the applicable maximum rate for a term specified by Shipper and
running from the date the existing Agreement expires. Unless
Shipper so elects at the end of the two (2) week period following
Horizon's notice to Shipper, Horizon may negotiate with any
Shipper, with the original Shipper having no further rights under
this Section 18 and service under the existing Agreement shall be
terminated and automatically abandoned at the expiration thereof.