ANR Pipeline Company

Second Revised Volume No. 1

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Effective Date: 11/01/2006, Docket: RP06-613-000, Status: Effective

Third Revised Sheet No. 101C Third Revised Sheet No. 101C : Effective

Superseding: Second Revised Sheet No. 101C

GENERAL TERMS AND CONDITIONS

(Continued)

 

(1) If (i) a potential Shipper requests service one year or more

in advance of the date that the service is to commence, (ii)

capacity available to satisfy that request is not otherwise

subject to a pending request for Transportation Services, and

(iii) Transporter wishes to sell capacity for the interim

period prior to the start of the requested service

commencement date without ROFR, then Transporter shall (1) so

indicate in its open season posting, (2) include a bid

methodology based on a net present value analysis, and (3)

include the interim capacity as available capacity to be bid

on by potential Shippers in the open season.

 

(2) If Transporter agrees with a potential Shipper to provide

capacity reduction options in accordance with Section 35.5 of

these General Terms and Conditions, Transporter shall (i) so

indicate in its open season posting, and (ii) include a bid

methodology based on a net present value analysis.

 

Except as otherwise set forth in subsections (1) and (2) above,

any open season conducted by Transporter in accordance with this

Section 2.10(i) shall comply with Section 2.10(h) above.

 

2.11 Availability of Operationally Created Capacity

 

(a) To the extent that, pursuant to Section 11 of these General Terms

and Conditions, Shipper and Transporter have agreed to a minimum

delivery pressure, such Shipper may at any time elect to waive

its right to receive deliveries at the minimum delivery pressure

specified in its Service Agreement. Should Shipper waive this

right, it shall notify Transporter in writing of its waiver,

including the following:

 

(1) the applicable Delivery Point(s)

(2) the duration of the waiver, which shall be for a term not

longer than the remaining term of the applicable Service

Agreement; and

(3) the minimum pressure to which it agrees to reduce

Transporter's delivery obligation.

 

(b) Transporter shall notify Shipper of any increased capacity

available on mainline or lateral facilities resulting from

Shipper's waiver. Shipper shall then have the right to

subscribe, for a term not to exceed the term of the waiver, to

all or a portion of the additional capacity for firm

Transportation Service by providing notice to Transporter within

three (3) Business Days of Transporter's notification. Should

Shipper make a timely election to utilize all or a portion of the

capacity created through the reduction in delivery pressure,

Transporter and Shipper shall amend Shipper's existing

agreement(s) or alternatively, execute new agreement(s) for the

additional capacity in accordance with this Section 2.11. A

Shipper that makes a timely election to utilize all or a portion

of the capacity created through the reduction in delivery

pressure may notify Transporter, in writing, of its election to

terminate the waiver prior to the term established pursuant to

Section 2.11(a) above. Following such notification by Shipper,

and provided that such termination does not affect Transporter's

service obligations to Shippers that subscribed for firm service

pursuant to Section 2.11(c) below, Transporter and Shipper shall

amend Shipper's agreement(s) to reflect the elimination of the

delivery pressure waiver and the new capacity that was created as

a result of the waiver.