Mojave Pipeline Company

Second Revised Volume No. 1

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Effective Date: 06/03/2010, Docket: RP10-706-000, Status: Effective

Fourth Revised Sheet No. 212 Fourth Revised Sheet No. 212

Superseding: Third Revised Sheet No. 212

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

4. Requests for Service (Continued)

 

(c) Should Transporter conduct an open season, it will post a

notice of availability of the uncontracted-for capacity on its

EBB to afford all potential Shippers an opportunity to acquire

the capacity. Any party wishing to purchase the capacity, and

who meets Transporter's creditworthiness requirements, may

participate in the open season. Transporter will award the

capacity on a net present value basis using nondiscriminatory

and objective posting and evaluation criteria specified in the

notice of open season. When an open season is being

conducted, all applicable requests for service will be treated

under this open season process.

 

(d) Transporter will conduct an open season (involving either an

open offer to sell capacity or a pre-arranged transaction) if

it wishes to sell capacity where the requested start date

extends one year or more into the future. The open season

will comply with the requirements of Section 4.4(c) above.

 

(e) If Transporter sells firm capacity pursuant to Section

4.4(b)(i), capacity will be made available to other shippers

on an interim basis up to the commencement date of the

prospective firm transportation service agreement. Where the

requested start date of the prospective capacity extends more

than one year into the future and the interim capacity would

otherwise be eligible for the right of first refusal ("ROFR")

if it is acquired at the maximum applicable tariff rate,

Transporter will limit the ROFR rights of such interim

capacity. If ROFR rights are limited, the transportation

service agreement will note the limitation.

 

4.5 Availability of Firm Service

 

If Transporter determines that it has any uncommitted firm capacity

on its system, it shall use the following procedures when selling

that capacity.

 

(a) If the firm capacity is to be sold within the time periods

specified in the capacity sales timeline of Section 4.4, the

procedures of Section 4.6 below shall be followed except when

Transporter elects to use Section 4.7.

 

(b) If the firm capacity is to be sold outside the time periods

specified in the capacity sales timeline of Section 4.4, the

competitive bidding procedures of Section 4.7 shall be

followed.