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."