Canyon Creek Compression Company
Third Revised Volume No. 1
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Effective Date: 09/24/2001, Docket: RP01-515-000, Status: Effective
Third Revised Sheet No. 167 Third Revised Sheet No. 167 : Effective
Superseding: Second Revised Sheet No. 167
GENERAL TERMS AND CONDITIONS
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18. PRE-GRANTED ABANDONMENT, CONTRACT ROLLOVERS AND RIGHT OF FIRST REFUSAL
18.1 GENERAL
Subject to Section 18.4, service performed by Canyon
under Part 284 of the Commission's Regulations shall expire, and
shall be automatically abandoned, upon contract termination unless
service is continued pursuant to Sections 18.2 or 18.3.
18.2 RIGHT OF FIRST REFUSAL
(a) Any Shipper under an FCS Agreement (1) executed
after March 27, 2000 with a term of twelve (12) consecutive months
or more at the applicable maximum rate or (2) with a primary term of
one (1) year or greater which was in effect on March 27, 2000 shall
have the right to continue receiving service after the expiration of
its existing Agreement if, pursuant to the Right of First Refusal
procedures set forth in this Section 18.2, it matches the price and
term offered for such service by any other bidder; provided,
however, that (irrespective of the price offered by the existing
Shipper or any bidder) Canyon shall not be required to provide
service at a discount from its applicable maximum rate unless it
otherwise agrees; and, provided further that if a bid is submitted
for a Negotiated Rate or Negotiated Rate Formula under Section 35 of
these General Terms and Conditions, the existing Shipper need match
only the value of that bid utilizing the Recourse Rate in lieu of
the Negotiated Rate or Negotiated Rate Formula consistent with said
Section 35.
(b) To exercise the Right of First Refusal, Shipper
must provide Canyon with a written notice of its intent to do so in
a form specified by Canyon and must submit such notice at least six
(6) months prior to the expiration of the existing Agreement. Such
notice must specify a desired term of service and the desired MDQ in
total and at each Receipt and Delivery Point. If the requested MDQ
is greater than the existing MDQ in total and at each Receipt and
Delivery Point, any such increase shall be treated as a request for
new service under the applicable Rate Schedule and only the original
MDQ shall be subject to the Right of First Refusal under this
Section. The Right of First Refusal may apply to a portion of the
original Shipper's then effective service. Any notice specifying a
decrease in MDQ in total or at any point shall not affect the
existing Agreement during its remaining term.