Mojave Pipeline Company

Second Revised Volume No. 1

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

Original Sheet No. 217D Original Sheet No. 217D

 

GENERAL TERMS AND CONDITIONS

(Continued)

4. Requests for Service (Continued)

 

4.14 Transporter and Shipper may mutually agree to include an evergreen,

renewal or rollover provision in the Service Agreement that would

allow the agreement to continue in effect beyond its primary term

with the mutual consent of the parties. For purposes of this

provision, if the parties elect to extend the agreement, the right

of first refusal requirements of Section 4.15 of the General Terms

and Conditions and the posting requirements of Section 20.1 of the

General Terms and Conditions of this Tariff will only apply when the

Service Agreement reaches the end of such extension period. If a

Shipper has entered into a firm Service Agreement utilizing off-

system capacity contracted for pursuant to Section 4.11 of the

General Terms and Conditions, such Shipper may not elect to extend

the term of its Service Agreement beyond the term of Transporter's

agreement for such off-system capacity.

 

4.15 Right of First Refusal:

 

(a) Upon expiration of the term of a Service Agreement providing

for service for 12 months or more at the applicable maximum

tariff rate, a "right-of-first-refusal" as prescribed in this

Section 4.15 shall be available. In order to avail itself of

its right-of-first-refusal, the Shipper must give Mojave its

written notice of intent to exercise such right of first

refusal not later than (i) the date of the notice period

provided for in Shipper's contract; or (ii) six months prior

to the expiration of the term of the contract, whichever shall

first occur

 

(b) Mojave shall post on its EBB the terms and conditions of the

available capacity under the expiring contract as follows:

 

(a) firm daily quantities stated in MMBtu/d;

(b) the receipt and delivery points at which capacity is

available identified by NAESB Common Code and the

firm quantities at such point(s);

(c) effective date;

(d) term;

(e) the rate (i.e., Reservation Fee(s) and

Transportation Charge(s) applicable;

(f) minimum conditions; and

(g) the criteria by which bids are to be evaluated.

 

Shippers exercising right-of-first-refusal for a portion of

their Maximum Daily Demand will not be required to retain

primary rights on a geographic proportionate basis.