Tuscarora Gas Transmission Company
Original Volume No. 1
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Effective Date: 10/01/2002, Docket: RP02-471-000, Status: Effective
Second Revised Sheet No. 85 Second Revised Sheet No. 85 : Effective
Superseding: 2 Sub First Revised Sheet No. 85
GENERAL TERMS AND CONDITIONS
(iii) If two or more bids offer the same highest present value,
Transporter will prorate available capacity among the Offering
Shippers.
(i) Bid Matching Procedure. If Transporter accepts a Best Bid as a
Competing Offer for purposes of this Bid Matching Procedure,
Transporter will inform the Existing Shipper of the terms of the
Competing Offer. Within 30 days of receiving the terms of the
Competing Offer, the Existing Shipper must notify Transporter whether
the Existing Shipper agrees to match the Competing Offer. Failure to
notify Transporter within the 30 day period shall constitute an
irrevocable waiver of the Existing Shipper's Right of First Refusal
with respect to the Competing Offer. To match the Competing Offer, the
Existing Shipper must either (i) match the Competing Offer or (ii)
match the rate contained in the Competing Offer for a period of at
least five years. If the Existing Shipper agrees to match the Competing
Offer, Transporter will provide transportation service to the Existing
Shipper upon execution of a Transportation Service Agreement containing
the terms specified in the Competing Offer. If the Existing Shipper
elects not to match the Competing Offer, Transporter has pregranted
authority to abandon that service and Transporter shall have no further
obligation to render service under the Existing Shipper's
Transportation Service Agreement pursuant to Section 7 (b) of the
Natural Gas Act. Transporter will provide transportation service to
the Shipper that offered the Competing Offer upon execution of a
Transportation Service Agreement containing the terms agreed upon in
the Competing Offer. Transporter will post the terms of the accepted
offer on its Web Site.
(j) Negotiation Procedures Between Transporter and Existing Shipper.
Transporter must accept a bid as the Best Bid if there are any bids at
the maximum rate. However, if no Shipper offers a competing bid or if
there are only bids at less than the maximum rate and Transporter
rejects all such bids, Transporter and the Existing Shipper may
negotiate and mutually agree to terms and conditions applicable to a
new Transportation Service Agreement. If Transporter and the Existing
Shipper have not reached agreement on the terms and conditions for a
new Transportation Service Agreement upon termination of the existing
Transportation Service Agreement, Transporter must continue to provide
service to the Existing Shipper only if that Shipper agrees to pay the
maximum rate permitted under Transporter's FERC Gas Tariff for a term
that the Existing Shipper elects; provided, however, that an Existing
Shipper is not required to match a Competing Offer with a term greater
than five (5) years. Furthermore, the Existing Shipper must elect the
length of the extended term 60 days prior to termination of the
existing Transportation Service Agreement. If the Existing Shipper