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