ANR Pipeline Company

Second Revised Volume No. 1

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

Eighth Revised Sheet No. 162 Eighth Revised Sheet No. 162 : Effective

Superseding: Sub Seventh Revised Sheet No. 162

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

21.4 Marketing Fee. Transporter shall be entitled, upon Releasing

Shipper's request, to market the capacity available for release

actively on Releasing Shipper's behalf. Transporter and Releasing

Shipper will negotiate the terms and conditions upon which

Transporter will market the Releasing Shipper's capacity.

 

21.5 Transporter's Right to Suspend or Terminate a Capacity Release.

 

Transporter may elect to suspend or terminate a Replacement

Shipper's Agreement, upon written notice to Replacement Shipper,

under the following conditions:

 

(a) The Releasing Shipper, pursuant to Article 21, has failed to

maintain creditworthiness in accordance with Article 18.5 such

that Transporter has provided notice that it will suspend and

then terminate Releasing Shipper's Agreement; and

 

(b) The rate stated in the effective Replacement Shipper's Agreement

is less than the maximum Reservation Rate and Commodity Rate for

the contracted for service; and

 

(c) The Replacement Shipper has not, prior to the expiration of thirty

(30) days, executed an amendment to such Replacement Shipper's

Agreement, agreeing to pay, beginning the first day after the end

of the thirty day notice period and for the remainder of the term

of the Replacement Shipper's Agreement, the lesser of (1) the

Releasing Shipper's contract rate (2) the maximum tariff rate for

the service or (3) a mutually agreeable rate.

 

(d) The Replacement Shipper has failed to comply with the MFO

obligations under the Releasing Shipper's FTS-4 Agreement.

 

Should the Releasing Shipper cure its failure to maintain

creditworthiness prior to termination, the Replacement Shipper's

amendment to its contract will expire by its own terms without ever

having gone into effect.

 

22. RIGHT OF FIRST REFUSAL.

 

22.1 Purpose. The Purpose of this Section is to provide the necessary

information pertaining to the right of long-term firm Shippers to

continue firm Transportation Service at the expiration of their

Agreements, or any volumetric portion thereof (both hereinafter

referred to as "Capacity" for purposes of this Section 22), by

exercising a right of first refusal.