ANR Pipeline Company

Second Revised Volume No. 1

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Effective Date: 11/01/2006, Docket: RP06-613-000, Status: Effective

First Revised Sheet No. 162.03 First Revised Sheet No. 162.03 : Effective

Superseding: Sub Original Sheet No. 162.03

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

If Transporter notifies Shipper that there are no bona fide

offers for Shipper's Capacity under Section 22.3(b) of these

General Terms and Conditions, Transporter and Shipper shall

have sixty (60) days 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.

 

(c) For purposes of this Section 22.3, offers will be deemed bona

fide if made in compliance with Section 2.1 of these General

Terms and Conditions. Any party that has an outstanding

request for firm service under Section 9.1 of these General

Terms and Conditions shall be notified and given the

opportunity to specify the rate and term it is willing to

offer for Shipper's capacity.

 

(d) Notwithstanding Sections 22.3(a) and (b) of these General Terms

and Conditions, the notification deadlines applicable to

transportation agreements that are utilized by Shipper to inject

and withdraw gas to and from storage shall be the same as the

associated storage agreement, provided that (1) the

transportation and associated storage agreements are eligible for

right of first refusal pursuant to Section 22.2 of these General

Terms and Conditions, or include a right of first refusal

provision; and (2) the date for Shipper's initial right of first

refusal notice applicable to the storage agreement under Section

22.3(a) or (b) of these General Terms and Conditions precedes the

expiration of the transportation agreements. For purposes of

this section, transportation and storage agreements will be

considered associated when the transportation agreement MDQs are

equal to the storage agreement's Maximum Daily Injection and

Withdrawal Quantities, respectively, after adjustment for fuel.

Transporter and Shipper may mutually agree that the notification

deadlines applicable to any two or more Agreements that are not

associated shall be the same.