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.