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.