North Baja Pipeline, LLC
Original Volume No. 1
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Effective Date: 08/12/2002, Docket: RP02-363-000, Status: Effective
Original Sheet No. 122 Original Sheet No. 122 : Effective
GENERAL TERMS AND CONDITIONS OF SERVICE
9. OPEN SEASON PROCEDURES (Continued)
9.2 Open Seasons for New Capacity
In the event NBP receives requests for firm transportation service
in excess of Available Firm Capacity, or market circumstances
otherwise indicate that additional capacity may be desired, NBP
may hold an open season to assess the viability of constructing
facilities necessary to meet additional market demand.
An Open Season for New Capacity will comply with the requirements
of Paragraph 9.1 above, with the following modifications.
(a) NBP will publish its intent to hold an open season for new
capacity in relevant papers and trade press and on its
(b) Open Seasons for new capacity will have a minimum term of
five (5) business days.
(c) After receiving bids from prospective Shippers in an Open
Season, NBP will provide a rationalization period to allow
existing holders of firm capacity an opportunity to meet
market demand demonstrated in the Open Season.
(d) NBP will select bids on a nondiscriminatory basis, provided,
however, NBP reserves the right to select bids in a manner
designed to produce an economic expansion.
9.3 Open Seasons Under Right of First Refusal
Under NBP's Right of First Refusal procedures, open season bids
will be evaluated consistent with the procedures set forth in
Paragraph 9.1 above. Right of First Refusal procedures are set
forth in Paragraph 10 of these General Terms and Conditions of