Midwestern Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 08/09/2006, Docket: RP06-430-001, Status: Effective
Sixth Revised Sheet No. 247 Sixth Revised Sheet No. 247 : Effective
Superseding: Substitute Fourth Revised Sheet No. 247
GENERAL TERMS AND CONDITIONS
16. ELECTION OF RIGHT-OF-FIRST REFUSAL AND EXTENSION OF LONG TERM FIRM SERVICE AGREEMENTS
(Continued)
16.2 Right of First Refusal
A Shipper holding a qualifying agreement may exercise a right-of-first refusal
in accordance with, and subject to, the procedures and limitations set forth
below; provided, however, that if the qualifying agreement is at a negotiated
or less than maximum rate, such agreement must be extended at the applicable
maximum rate for a term of one year or more in order to retain a right-of-first
refusal beyond the extended term.
Company shall provide notice to a Shipper receiving service from Company
pursuant to Part 284 of the Commission's regulations under a qualifying
agreement thirteen (13) months prior to the expiration of the agreement's
primary term.
For agreements with a primary term extending for more than one year and less
than five years, unless Shipper elects upon six (6) months prior written notice
to Company to terminate the agreement in whole or to request a lesser extension
of term, the agreement will automatically extend upon the expiration of the
primary term for a term of five years. Thereafter the agreement shall
repeatedly extend for successive five year terms unless Shipper provides notice
as described herein in advance of the expiration of a succeeding term.
For agreements with a primary term extending for a minimum term of five years,
unless Shipper elects upon one year's prior written notice to Company to
terminate the agreement or to request a lesser extension of term, the agreement
will automatically extend upon the expiration of the primary term for a term of
five years. Thereafter the agreement shall repeatedly extend for successive
five year terms unless Shipper provides notice as described herein in advance
of the expiration of a succeeding term.
Unless Company and Shipper expressly agree otherwise in Shipper's service
agreement, a right-of-first refusal does not apply to negotiated rate
arrangements, to firm service agreements at less than the applicable maximum
rate or to firm service agreements with a term of less than one year. In
addition, the right of first refusal will not be applicable to interim service
agreements for entitlement associated with expansion/extension projects as set
forth in Section 35 of the General Terms and Conditions.
16.3 Extension of Less Than One Year
If a Shipper, pursuant to the terms of a qualifying agreement, elects to
1) extend its agreement or any portion thereof for less than one year or
2) terminate its agreement in its entirety or 3) request an extension of its
agreement for a term less than five (5) years which is rejected by Company or
4) request an extension of its agreement at a rate less than the maximum rate,
then Company, at its option, shall either accept Shipper's lesser extension
period or Shipper's request at less than the maximum rate or the capacity under
such agreement shall be made available in accordance with the following:
(a) Company shall post the capacity for bidding on the System 180 days prior
to the termination of the service agreement. The capacity will remain
posted on the System for a minimum of 20 days with such posting containing
the following information with respect to the capacity:
(i) daily and other applicable quantity limitations of capacity available;
(ii) Transportation Path;