ANR Pipeline Company
Second Revised Volume No. 1
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Effective Date: 02/01/2008, Docket: RP08-145-000, Status: Effective
Eighth Revised Sheet No. 162.01 Eighth Revised Sheet No. 162.01 : Effective
Superseding: Seventh Revised Sheet No. 162.01
GENERAL TERMS AND CONDITIONS
(Continued)
22.2 Eligibility. Any Shipper with an Agreement under Rate Schedules
ETS, STS, FTS-1, FTS-2, FTS-3, FTS-4, FTS-4L, PTS-2, FSS, or NNS,
which is: (a) executed prior to March 26, 2000 with an initial
term of one (1) year or more; or (b) after March 26, 2000, for a
term of twelve (12) consecutive months or more and is at the
maximum applicable tariff rate (including maximum rate Agreements
of one year or more where service is not available for twelve
consecutive months), may exercise a right to continue to receive
service thereunder from Transporter at the expiration of its
Agreement provided that Shipper gives notice to Transporter that
it desires to continue its Agreement and will match (a) the
longest term, and (b) the highest rate for such service, up to the
maximum rate, that is offered by any other person desiring such
capacity; provided, however, that Transporter shall not be
obligated to provide service at less than the maximum applicable
rate(s). If a Shipper's Agreement does not qualify for the right
of first refusal under this Section 22, then Transporter in a not
unduly discriminatory manner may agree otherwise with any such
Shipper. However, capacity (i) sold on an interim basis in
accordance with Section 3.2, Capacity Reserved for Expansion
Projects, of these General Terms and Conditions or (ii) sold under
Rate Schedule FTS-4L, shall not be eligible for a right of first
refusal unless Transporter and Shipper agree to a conditional
contractual ROFR that would take effect, with respect to (i)
above, upon a determination that the proposed project will not go
forward and with respect to (ii) above, upon the extension for a
commensurate term of the applicable FTS-4 Agreement(s) needed to
provide Transportation Service under the FTS-4L Agreement.
Also, the right of first refusal will not be applicable to interim
Service Agreements for entitlement associated with capacity that
is already under contract for a future period subject to the
following conditions and in accordance with Section 2.10 (i) of
these General Terms and Conditions:
a) The future capacity must have been sold through an open season
bidding process permitting bids for capacity for service to
start immediately or anytime in the future;
b) The bids must have been evaluated on a net present value basis;
and
c) The future capacity must have been awarded to the Shipper
providing the highest net present value bid.
The Shipper may exercise its right to retain a portion of its firm
service entitlement subject to the right of first refusal,
however, the Shipper may not exercise the right of first refusal
for a geographic portion of its Agreement.
22.3 Procedure.
(a) Except as to expiring Capacity that is the subject of the
provisions of subsection (b) below, Transporter shall notify
Shipper no earlier than eight (8) Months, nor later than seven
(7) Months, prior to the expiration of the Capacity whether
there exists any acceptable bona fide offers for Transporter's
Capacity that could be satisfied by the relinquishment of
Shipper's Capacity. If Transporter has received any such
offers, Transporter shall inform Shipper of the rate and the
term that has been offered for Shipper's