Midwestern Gas Transmission Company
SECOND REVISED VOLUME NO. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 11/01/2000, Docket: RP01- 21-000, Status: Effective
Third Revised Sheet No. 80 Third Revised Sheet No. 80 : Superseded
Superseding: Second Revised Sheet No. 80
GENERAL TERMS AND CONDITIONS
XIV. SCHEDULES AND AGREEMENTS SUBJECT TO REGULATION AND CHANGE
This Tariff, including these General Terms and Conditions and the respective obligations
of the parties under the gas service agreements, are subject to valid laws, orders,
rules, and regulations of duly constituted authorities having jurisdiction and are
subject to change from time to time by addition, amendment, or substitution as provided
by law.
XV. OPERATING INFORMATION AND ESTIMATES
At Transporter's request, any Shipper or Balancing Party that has executed a gas service
agreement with Transporter shall furnish to Transporter estimates of the daily, monthly,
or annual volumes of natural gas required to be delivered by Transporter.
XVI. ELECTION OF RIGHT-OF-FIRST REFUSAL AND EXTENSION OF LONG TERM FIRM SERVICE AGREEMENTS
Unless Transporter and Shipper expressly agree otherwise in Shipper's service
agreement, this Article XVI shall apply only to long term firm service agreements at
the applicable maximum rate or to long term firm service agreements entered into prior
to March 27, 2000 (qualifying agreement(s)). 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. Unless Transporter 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. If a Shipper, pursuant to the terms of a qualifying agreement, elects to extend
its agreement or any portion thereof for less than the automatic extension period
provided therein, then Transporter, at its option, shall either accept Shipper's lesser
extension period or the capacity under such agreement shall be made available in
accordance with the following:
(a) Transporter shall post the capacity for bidding on PASSKEY 180 days prior to the
termination of the service agreement. The capacity will remain posted on PASSKEY
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) Primary Receipt and Delivery Points;
(iii) maximum reservation charge as set forth in the Summary of Rates and Charges
in Transporter's FERC Gas Tariff;
(iv) any minimum acceptable bid;