Millennium Pipeline Company, L. L. C.
Original Volume No. 1
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Effective Date: 11/01/2009, Docket: RP10-17-000, Status: Effective
First Revised Sheet No. 81 First Revised Sheet No. 81
Superseding: Original Sheet No. 81
GENERAL TERMS AND CONDITIONS
(Continued)
(5) If no acceptable offers satisfying Transporter's stated
minimum terms are received, and no new long-term Service Agreement has
been reached between Transporter and the Shipper holding the capacity
under the expiring Service Agreement, Transporter will post such
capacity for an indefinite period as Generally Available Capacity.
Transporter will post minimum price and other terms for such Generally
Available Capacity, as described at Section 4.2 below. Transporter may
change those minimum price and other terms, or may withdraw the posting
of such Generally Available Capacity, at any time prior to receipt of a
bid satisfying the posted minimum terms for that capacity. If
Transporter receives an acceptable bid for such Generally Available
Capacity that meets its stated minimum conditions but is at less than
the Recourse Rate, Transporter will have the authority to accept the
bid without reposting that capacity for bidding on its EBB. Any such
minimum price or other terms will be subject to the same limitations
applicable to other available capacity, as set forth in this Section 4.
(6) Notwithstanding the provisions of Section 4.1(c)(1) above,
Transporter and its Shippers may mutually agree, on a not unduly
discriminatory or preferential basis, to include in discount rate or
negotiated rate firm Service Agreements that bear a term of 12 or more
consecutive months of service, a contractual right of first refusal
equivalent to the right of first refusal set forth from time to time in
this Section 4.
(7) Notwithstanding the provisions of Section 4.1(b) above,
Transporter and its Shippers may mutually agree, on a not unduly
discriminatory or preferential basis, to include in discount rate or
negotiated rate firm Service Agreements that bear a term of 12 or
more consecutive months of service, a right for Shipper to receive
continued service beyond the term of such Service Agreement by
providing notice to Transporter (a rollover right) of Shipper's wish
to rollover its Service Agreement. Transporter may, on a not unduly
discriminatory or preferential basis, condition any such rollover
rights on Shipper taking service for the extended term at a
particular rate (not to exceed the applicable Recourse Rate) and/or
for a particular or minimum term.
(d) Termination of Other Long-Term Service Agreements. If a long-term
Service Agreement is not continued by its own terms or by reason of the
Shipper's exercise of its right of first refusal, such long-term Service
Agreement will be subject to pregranted abandonment unless otherwise
specified in the Service Agreement and will terminate as specified therein
and Transporter will have no further obligation to Shipper.