Gas Transmission Northwest Corp.
Third Revised Volume No. 1-A
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Effective Date: 01/01/2007, Docket: RP06-407-000, Status: Effective
Fourth Revised Sheet No. 213 Fourth Revised Sheet No. 213 : Effective
Superseding: Third Revised Sheet No. 213
TRANSPORTATION GENERAL TERMS AND CONDITIONS
33. RIGHT OF FIRST REFUSAL UPON TERMINATION OF FIRM SHIPPER'S
SERVICE AGREEMENT (Continued)
However, if during this 20-day period the original capacity holder
agrees to pay the maximum authorized rate, the original capacity
holder may determine the term it desires and GTN must extend the
original capacity holder's contract accordingly. However, in
order to retain the right of first refusal, the original capacity
holder must extend its contract at the maximum authorized rate for
a term of at least one year.
33.5 Shippers who terminate their service agreements are not liable for
any reservation charges or other charges applicable to the new
Shipper contracting for this capacity.
33.6 Only valid bids will be accepted. In order for a bid to be
considered valid, a bidder must be deemed creditworthy per
Paragraph 18.3 of these Transportation General Terms and
Conditions by the close of the bid period. All bids not withdrawn
prior to the close of the bid period shall be binding. At the end
of the bid period, GTN will evaluate the bids and determine the
bid(s) having the greatest economic value as determined in
Paragraph 18.1(e). Bidders may submit valid bids for all or a
portion of the capacity that is subject to a right of first
refusal provided that the original contract path is maintained.
33.7 Right of first refusal rights held by Shipper continue to apply
following an election of termination pursuant to existing
evergreen language contained in Shipper's Firm Transportation
Service Agreement. A Shipper that holds evergreen rights in
addition to a right of first refusal under a Firm Transportation
Service Agreement must first elect termination under the evergreen
provision in order to initiate the right of first refusal process.
When either GTN or Shipper elects termination under an evergreen
provision, GTN shall not be obligated to continue Shipper's
evergreen rights on a contract extended through the right of first
refusal process. Shippers may exercise their right of first
refusal rights consistent with this Paragraph 33.
33.8 When a right of first refusal process has been completed and there
has been no award of capacity, the capacity will be offered
pursuant to Transportation General Terms and Conditions Section
18.1(c), which governs GTN's sale of generally available capacity
where there is no shipper with right of first refusal rights.