Northern Border Pipeline Company

First Revised Volume No. 1

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Effective Date: 09/08/2008, Docket: RP08-489-000, Status: Effective

Sixth Revised Sheet No. 102A Sixth Revised Sheet No. 102A

Superseding: Fifth Revised Sheet No. 102A

 

RATE SCHEDULE T-1

FIRM SERVICE

 

5. RIGHT OF FIRST REFUSAL

 

5.1 Service Continuation

 

A Shipper that has entered into a Service Agreement that

provides for at least 12 consecutive months of service at the

Maximum Rate shall have the right to continue service with

respect to all or a portion of Shipper's Maximum Receipt

Quantity, beyond the primary term specified in the Shipper's

Service Agreement provided Shipper satisfies the credit

worthiness requirements set forth in Section 41 of the General

Terms and Conditions and is current with its obligations and

otherwise is in compliance with the terms and conditions of

this Tariff. Unless Company 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 unless it has been performed at the applicable Maximum

Rate for at least 12 consecutive months or to off-system

services acquired for Shipper under Section 39 of the General

Terms and Conditions of Company's FERC Gas Tariff. A limited

right of first refusal shall be applicable to interim Service

Agreements for capacity that has been sold with a future

Billing Commencement Date as set forth in Subsections 26.2(iv)

or 26.5 of the General Terms and Conditions. The right of

first refusal also is subject to Article VI of the Stipulation

in Docket No. RP06-72-000, et al. A Shipper may not exercise a

right of first refusal for a geographic portion of its

historical service. Company shall give Shipper notice not less

than six months and no more than eighteen months prior to

termination of Shipper's Service Agreement that Shipper must

exercise its right of first refusal. However, in the event a

construction project is proposed that would utilize capacity on

Company's existing facilities, the sizing of which project

could be effected by Shipper's plans regarding the continuation

of service, Company will have the right to give Shipper such

notice no more than 36 months prior to termination of Shipper's

Service Agreement. Company shall not require a response from

Shipper in less than ten (10) business days from the date the

notice is issued. Such response shall be Shipper's

notification to Company of either 1) its intent to retain its

option to exercise its ROFR pursuant to this Section 5 or

2) its binding commitment to terminate its Service Agreement.

Service under the Service Agreement shall continue if:

 

5.11 The Service Agreement is extended for a term of at

least five years at the Maximum Rate under this Rate

Schedule, or