Ozark Gas Transmission, L. L. C.

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 11/16/2009, Docket: RP09-1040-000, Status: Effective

Original Sheet No. 148A Original Sheet No. 148A

 

GENERAL TERMS AND CONDITIONS (continued)

 

(g) Upon receipt from Transporter of the "best bid(s)", Shipper

shall have the right for a period of five (5) Business Days

to notify Transporter whether the Shipper is willing to

match the "best bid(s)" for the capacity. Such notification

must be submitted online via the LINK® System. In order to

match the "best bid(s)", Shipper must agree to a rate up to

the maximum rate and contract term that provide Transporter

with at least the same net present value, for an equivalent

amount of capacity, as the valid "best bid(s)" submitted by

the Replacement Shipper(s); provided, however, the maximum

rate a Shipper must match is the maximum rate the

Transporter can charge for delivery under the Service

Agreement which is subject to the Shipper's right to match

the "best bid".

 

(h) If Shipper elects to match the "best bid(s)" as determined

pursuant to Section 15.3(e), Shipper shall be entitled to

retain its capacity and continue to receive firm service

under a new Service Agreement which reflects the matching of

the relevant contractual provisions of the "best bid(s)".

 

(i) If Shipper fails to provide notice of its desire to meet the

value of a bid properly submitted by a competing bidder,

then, subject to the competing bidder's satisfaction of the

applicable requirements of Transporter's FERC Gas Tariff and

the execution of an appropriate Service Agreement under

subparagraph (k) below, Transporter will provide

transportation service to such competing bidder under the

terms and conditions of the offer. Transporter may request

a third party bidder to document its ability to furnish and

maintain appropriate credit support, in accordance with

Section 30 of Transporter's Tariff, before accepting the bid

with the highest value. If Shipper does not match the "best

bid(s)" within the five (5) Business Day period specified in

Section 15.3(g) above, Shipper's right to match the "best

bid(s)" for the capacity shall terminate and Transporter

shall have all necessary abandonment authorization under the

Natural Gas Act. In the event there is no "best bid(s)" for

Shipper to match, Section 15.3(j) shall determine whether

Shipper shall be entitled to retain its capacity and

continue to receive service.