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
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.