Young Gas Storage Company, Ltd.
Original Volume No. 1
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Effective Date: 08/01/2010, Docket: RP10-921-000, Status: Effective
Ninth Revised Sheet No. 61 Ninth Revised Sheet No. 61
Superseding: Eighth Revised Sheet No. 61
GENERAL TERMS AND CONDITIONS
(Continued)
4.3(b) Right of First Refusal (Continued)
(vi) If Shipper provides notice of its desire to extend the firm
agreement for a term of five years and at the maximum tariff
rates, Shipper shall be entitled to retain the capacity
underlying its firm agreement without Transporter seeking
competitive bids. In all other cases, Transporter shall
proceed to a "Solicitation of Bids" as described in this
Section.
(c) Solicitation of Bids. If Shipper has given notice of intent to
extend the term of its firm agreement pursuant to the provisions
of Section 4.3(b), and not at maximum rates for a term of five
years or more, then Transporter shall solicit competing bids for
the subject capacity. Beginning not later than thirty days after
the "Notice Date," and continuing for thirty days (the "Bid
Period") thereafter, Transporter shall post on its electronic
bulletin board notice of the capacity which will be available as
a result of the expiring firm agreement and any minimum
acceptable terms for bidding on such capacity. Any Party may
submit a bid for the subject capacity during the "Bid Period".
(d) Notification of Existing Shipper and Right to Match. If Shipper
has given notice of intent to extend the term as described in
Section 4.3(b), but not at maximum tariff rates for a term of
five years or more, then within ten days after the close of the
"Bid Period," Transporter shall notify the existing Shipper of
any offers deemed superior to Shipper's offered terms of
extension. Transporter's evaluation shall be based upon the net
present value of the proposed storage capacity charge and the
reservation charge and the proposed term of agreement, discounted
at Transporter's then-effective rate of return on equity. The
term of any competing offer shall be capped at five years for
comparison purposes. Within ten days after such notification by
Transporter, Shipper must notify Transporter of its intent to
match the highest competing offer. If Shipper does not provide
notice accepting the terms of a superior offer within the ten-day
period, Transporter may enter into a firm agreement with the
bidder submitting the highest superior offer. If a superior offer
is not received, Shipper shall be entitled to the term extension
proposed by Shipper provided Shipper agrees to pay Transporter's
maximum tariff rates.