Young Gas Storage Company, Ltd.
Original Volume No. 1
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Effective Date: 08/01/2010, Docket: RP10-921-000, Status: Effective
Seventh Revised Sheet No. 60 Seventh Revised Sheet No. 60
Superseding: Sixth Revised Sheet No. 60
GENERAL TERMS AND CONDITIONS
(Continued)
4.3(a) Right of First Refusal (Continued)
(ii) Shipper and Transporter have not negotiated away Shipper's
right of first refusal;
(iii) Shipper complies with the requirements set forth herein; and
(iv) Shipper does not have a negotiated rate agreement.
(b) Shipper Notice of Intent to Renew.
(i) For all firm agreements eligible for the right of first
refusal, Shipper shall provide written notice to Transporter
of its intent to (1) allow the firm agreement to expire or
(2) extend the term of the firm agreement. A notice to extend
the term of the firm agreement shall include the proposed
terms of extension.
(ii) Such notice is due on or before the "Notice Date" which shall
be:
(A) six months prior to the expiration date for firm
agreements with an initial term of three years or less,
and
(B) twelve months prior to the expiration date for firm
agreements with an initial term greater than three
years.
(iii) A Shipper failing to provide notice shall relinquish all
rights to the capacity underlying its firm agreement upon
termination. Shipper may still submit a bid for such capacity
in accordance with Section 4.3(c) hereof.
(iv) If the expiring firm agreement contains an "evergreen"
provision, the Shipper's right to continued service, as to
all its terms, shall be governed by the terms of the
"evergreen" provision.
(v) If the notice to extend includes a request for a rate
discount, the request shall be considered a notice of intent
to terminate and Shipper shall have no first right to the
capacity underlying its firm agreement. Shipper's request to
extend service at discounted rates shall be considered with
other bids for the capacity received under the "Solicitation
of Bids."