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.