Northern Border Pipeline Company

First Revised Volume No. 1

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Effective Date: 07/01/2003, Docket: RP03-507-000, Status: Effective

Seventh Revised Sheet No. 119 Seventh Revised Sheet No. 119 : Effective

Superseding: Sixth Revised Sheet No. 119

 

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 months of service at the Maximum

Rate shall have the right to continue service with respect

to all or a portion of Shipper's firm capacity rights

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. Unless Company and Shipper expressly agree

otherwise in Shipper's Service Agreement, a right of first

refusal does not apply to negotiated rate arrangements or

to firm Service Agreements at less than the applicable

maximum rate. The right of first refusal will not be

applicable to interim Service Agreements for capacity that

has been reserved for future expansion/extension projects

as set forth in Subsection 26.5 of the General Terms and

Conditions. A Shipper may not execute its 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 10 business days from the date the

notice is issued. Service under the Service Agreement

shall continue if:

 

5.11 The Service Agreement is extended for a term of five

years at the Maximum Rate under this Rate Schedule,

or