Trailblazer Pipeline Company
Fourth Revised Volume No. 1
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Effective Date: 12/28/2007, Docket: RP08-168-000, Status: Effective
Original Sheet No. 217 Original Sheet No. 217 : Effective
GENERAL TERMS AND CONDITIONS
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21. PRE-GRANTED ABANDONMENT, CONTRACT ROLLOVERS AND RIGHT OF FIRST REFUSAL
21.1 GENERAL
Subject to Section 21.3, service performed by Trailblazer
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 21.2 or 21.3. Unless Trailblazer
and Shipper expressly agree otherwise in the Agreement(s), a Shipper
who has entered into a limited-term firm service Agreement(s) pursuant
to Section 6.1(b)(7) of these General Terms and Conditions may not
elect to extend such limited-term agreement, except to the extent
permitted under that provision.
21.2 RIGHT OF FIRST REFUSAL
(a) Any Shipper under an FTS 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 21.2, 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) Trailblazer 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 38 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 38.
(b) To exercise the Right of First Refusal, Shipper
must provide Trailblazer with notice of its intent to do so in a
form specified by Trailblazer and must submit such notice at least
six (6) months prior to the expiration of the existing Agreement.
Trailblazer shall advise Shipper in writing of the date by which
such notice must be submitted at least three (3) months prior to the
last day on which such notice can be made on a timely basis. Such
notice must specify a desired term of service and the desired MDQ in
* This sheet references Section 6.1(b)(7) which has been suspended
and is subject to refund and a technical conference.