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.