Kern River Gas Transmission Company
Second Revised Volume No. 1
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Effective Date: 10/01/2002, Docket: RP02-482-000, Status: Effective
Second Revised Sheet No. 813 Second Revised Sheet No. 813 : Effective
Superseding: Sub First Sheet No. 813
RATE SCHEDULE SH-1
Kern River Firm Transportation Services
(Continued)
ARTICLE 3 - TERM (Continued)
3.2 Right of First Refusal. (Continued)
irrevocably agree to with Transporter, for all or any portion of
the transportation rights then held by Shipper. If the highest
bid submitted by a competing prospective Shipper is a Negotiated
Rate that meets or exceeds the lowest rate Transporter is willing
to accept for such service, the existing Shipper may retain its
capacity by matching the bid on either a Negotiated Rate basis or
a Recourse Rate basis as provided in Section 23.2(c) of the
General Terms and Conditions; provided, however, that nothing
herein shall obligate Transporter to render service to Shipper or
to any competing prospective shipper if such persons do not agree
to pay Transporter's applicable maximum transportation rates. To
exercise its right of first refusal, Shipper must agree to all
other terms and conditions of service to which the competing
prospective shipper is prepared to agree, or to such other terms
and conditions which are acceptable to Transporter.
(b) If Shipper chooses to exercise the foregoing right of first
refusal, Shipper shall give written notice to that effect to
Transporter at least one hundred twenty (120) days prior to the
termination date of its Firm Transportation Service Agreement.
Transporter shall post such notice on its Designated Site for a
minimum period of sixty (60) days and shall receive any competing
offers for such transportation service only during such period.
(c) If Shipper chooses to exercise the foregoing right of first
refusal, but wishes to retain only a portion of its capacity,
Shipper's MDQ, aggregate Maximum Receipt Volume entitlements and
aggregate Maximum Delivery Volume entitlements all must be
retained by the same percentage.
3.3 Pregranted Authorization. Reduction, cessation, termination, re-
initiation, or resumption of service to Shipper, as provided for and
permitted by the Firm Transportation Service Agreement, and any
amendments thereto, shall be permitted without necessity for any further
authorization or approval under the Natural Gas Act or any other statute
or regulation by the Federal Energy Regulatory Commission.