Midwestern Gas Transmission Company

SECOND REVISED VOLUME NO. 1

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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Third Revised Sheet No. 80 Third Revised Sheet No. 80 : Superseded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;