ANR Pipeline Company
Second Revised Volume No. 1
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Effective Date: 11/01/2006, Docket: RP06-613-000, Status: Effective
Second Revised Sheet No. 101C.01 Second Revised Sheet No. 101C.01 : Effective
Superseding: First Revised Sheet No. 101C.01
GENERAL TERMS AND CONDITIONS
(c) To the extent mainline capacity is created and if within the three (3) Business
Day period specified in Section 2.11(b) above, Shipper does not exercise its
right to subscribe for the firm capacity created by the waiver, any such
unsubscribed capacity shall be available for firm Transportation Service by other
Shipper(s) under any of Transporter's existing firm rate schedules for a term not
to exceed the term of the waiver, in accordance with the procedures set forth in
Sections 2 and 9 of these General Terms and Conditions and subject to the
provisions of Section 2.11(d) below.
(d) Any new agreement entered into pursuant to this Section 2.11 shall not be subject
to the Right of First Refusal pursuant to Section 22 of these General Terms and
Conditions, except to the extent that the term of Shipper's agreement is less than
the term of the applicable waiver established pursuant to Section 2.11(a) above,
and Shipper is otherwise eligible for a Right of First Refusal under Section 22 of
these General Terms and Conditions, in which event Shipper may only exercise its
Right of First Refusal to extend the applicable agreement for a term that does not
exceed the term of the applicable waiver.
2.12 Extension of Service Agreements.
(a) Transporter and Shipper may mutually agree to the early termination of one
or more Agreements in exchange for Shipper's extension of the use of all or
part of the underlying capacity under new terms. To the extent that
Transporter and Shipper have mutually agreed to this arrangement, Shipper
need not participate in an open season for the extension nor must the
underlying capacity be posted on Transporter's Internet site as
unsubscribed, available capacity prior to the extension.
(b) Prior to the expiration of the term of an Agreement, Transporter and
Shipper may mutually agree to an extension of the term of the Agreement
with respect to all or part of the underlying capacity (the exact terms of
which are to be negotiated on a case-by-case basis in a not unduly
discriminatory manner). If an Agreement has a regulatory Right of First
Refusal, the agreement to extend must be reached prior to initiation of the
Right of First Refusal procedure pursuant to Section 22.3 of these General
Terms and Conditions.
3. FACILITIES POLICY
3.1 Unless otherwise agreed to by the parties, Transporter shall not be required to
own, construct and install any facilities to perform any service requested by a
Shipper under this Tariff. In the event that Transporter determines that it
will construct facilities that will result in the expansion of its pipeline
system, Transporter shall offer the proposed expansion capacity to all Shippers
on a non-discriminatory basis. Further, in the event Transporter agrees to own,
construct and install facilities to perform services requested including, but
not limited to, hot tap, side valve, measurement, gas supply lateral lines,
looping and/or compression facilities, Transporter shall do so on a not unduly
discriminatory basis, and may require that Shipper reimburse Transporter for all
Transporter's costs associated therewith either on a lump sum or incremental fee
basis as agreed to by the parties. Nothing in this policy statement shall
require Transporter to file an application for a certificate of public
convenience and necessity under Section 7(c) of the Natural Gas Act. Nothing in
this policy statement, further, shall prevent Transporter from contesting an
application for service filed pursuant to Section 7(a) of the Natural Gas Act.
Transporter reserves the right to seek a waiver of the policy set forth herein,
for good cause shown.