ANR Pipeline Company

Second Revised Volume No. 1

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Effective Date: 02/01/2008, Docket: RP08-145-000, Status: Effective

Third Revised Sheet No. 162.02 Third Revised Sheet No. 162.02 : Effective

Superseding: Second Revised Sheet No. 162.02

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

Capacity and, if requested, shall provide to Shipper a copy of the acceptable,

bona fide, offer (except that Transporter may redact the identity of the offering

Shipper, unless the offering Shipper is an affiliate of Transporter, in which

case the identity of the offering Shipper shall not be redacted). Shipper shall

notify Transporter within thirty (30) days after notification whether it desires

to match the offered rate, up to the applicable maximum rate, and term. If

Shipper elects to match the bona fide offer, Transporter shall provide Shipper

with an executable contract within ten (10) days after receipt of Shipper's

election, and Shipper shall have twenty (20) days after receipt of the contract

to execute and return the contract to Transporter.

 

If Transporter notifies Shipper that there are no acceptable, bona fide, offers

for Shipper's capacity under this Section 22.3(a), Transporter and Shipper shall

have sixty (60) days after notification to negotiate the terms and conditions of

a new or amended Agreement; provided, however, that in no event shall Shipper

have any automatic right to renew service at a discounted rate; provided further,

however, Shipper may select the term of the Agreement after agreeing to pay

maximum rates, and all applicable surcharges.

 

If Shipper does not execute a new or amended Agreement within either of these

sixty (60) day periods, whichever is applicable, Shipper's rights to such

Capacity shall terminate and Transporter shall at such time post the Capacity as

becoming generally available at the expiration of its term.

 

(b) For expiring Capacity (1) in Agreements that have a remaining term greater than

thirteen (13) months (except where such Capacity expires less than thirteen (13)

months from the beginning of the Agreement's term); (2) where the Capacity under one

or more Agreements terminating the same day is equal to or greater than a Maximum

Daily Quantity ("MDQ") of 100,000 Dth/d or a Maximum Storage Quantity ("MSQ") of 9

MMdth; and (3) where Transporter does not have sufficient available capacity to meet

a then-pending request for Transportation Service, and Shipper's Capacity could be

utilized to satisfy such request, Transporter shall notify Shipper no earlier than

thirteen (13) Months, nor later than eleven (11) Months, prior to the expiration of

the Capacity that Shipper must notify Transporter within thirty (30) days thereafter

whether it wishes to (i) terminate the Capacity; (ii) extend the term of the

Capacity; or (iii) exercise a right of first refusal for the Capacity. The remaining

portion of Shipper's subject Capacity that is not required to satisfy a then-pending

request for Transportation Service will be subject to the provisions of subsection

(a) above.

 

If Shipper elects to terminate the Capacity, or if it elects to extend the term of

the Capacity but does not execute a new or amended Agreement within sixty (60)

days from said election, Shipper's right to such Capacity shall terminate and

Transporter shall post the Capacity as becoming generally available at the

expiration of its term.

 

If Shipper notifies Transporter that it wishes to exercise its right of first

refusal, Transporter shall notify Shipper no earlier than ten (10) months, nor

later than nine (9) months, prior to the expiration of the Capacity, whether

there exists any acceptable bona fide offers for Transporter's Capacity which

could be satisfied by the relinquishment of Shipper's Capacity, and if requested,

shall provide to Shipper a copy of the acceptable, bona fide offer (except that

Transporter may redact the identity of the offering Shipper, unless the offering

Shipper is an affiliate of Transporter, in which case the identity of the

offering Shipper shall not be redacted). If there is such an offer, Shipper

shall have thirty (30) days to notify Transporter whether it desires to match the

offered rate, up to the applicable maximum rate, and term. If Shipper elects to

match the bona fide offer, Transporter shall provide Shipper with an executable

contract within ten (10) days after receipt of Shipper's election, and Shipper

shall have twenty (20) days after receipt of the contract to execute and return

the contract to Transporter.