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