Ozark Gas Transmission, L. L. C.
First Revised Volume No. 1
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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.