Vector Pipeline L.P.
Original Volume No. 1
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Effective Date: 06/01/2010, Docket: RP10-678-000, Status: Effective
Third Revised Sheet No. 157 Third Revised Sheet No. 157
Superseding: Second Revised Sheet No. 157
32. TRANSPORTATION SERVICE AGREEMENT EXTENSION AND RIGHT OF FIRST REFUSAL
1. If a Shipper, prior to the expiration of a Firm Transportation
Agreement which is at the maximum recourse rate for a term of
twelve (12) or more consecutive months of service, or for a
negotiated rate contract in effect as of March 27, 2000, elects to
extend the Firm Transportation Agreement for less than the
automatic extension period provided therein, or if the Firm
Transportation Agreement which is at the maximum recourse rate for
a term of twelve (12) or more consecutive months of service
contains no automatic extension provision, Transporter at its
option shall either accept Shipper's requested extension period,
or shall require Shipper to exercise its right of first refusal
(ROFR) by making the capacity under the Firm Transportation
Agreement available in accordance with the following procedures.
Transporter shall post the capacity for bidding on its EBB no
later than 180 days prior to the expiration of Shipper's Firm
Transportation Agreement. The capacity will remain posted on
Transporter's EBB for a minimum of 20 days ("ROFR Bidding Period")
with such posting containing the following information with
respect to the capacity:
(a) Daily and other applicable quantity limitations of capacity
available;
(b) Receipt and Delivery Points;
(c) Maximum reservation charge;
(d) Any applicable restrictions; and
(e) The last day of the ROFR Bidding Period.
Transporter may require bidders to insure that offers are bona
fide by providing financial assurances satisfactory to
Transporter.
A Shipper's ROFR rights apply only when the Shipper is seeking to
contract for its entire geographic historical Contracted Capacity,
however a Shipper may elect to retain a portion of its Contracted
Capacity subject to ROFR rights, in which case Transporter's
pregranted abandonment authority would apply to the remainder of
the service.
2. Upon conclusion of the ROFR Bidding Period, Transporter shall
evaluate the bids in accordance with the procedures set forth in
section 29.6 (b) and (c) for the evaluation of bids under
Transporter's capacity release mechanism, provided that any bid
rate higher than the maximum applicable recourse rate shall be
deemed to be equal to the maximum applicable recourse rate.
Transporter shall not be required to accept any bid at less than
Transporter's maximum applicable recourse rate.