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. 220 Original Sheet No. 220 : Effective
GENERAL TERMS AND CONDITIONS
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retain; provided, however, that if the original Shipper seeks to retain
only a portion of its MDQ, the analysis of whether the original Shipper
has matched the best bid may take into account the MDQ requested under
the best bid relative to the MDQ the original Shipper seeks to retain.
The original Shipper may provide a counteroffer which contains either a
higher price than the best bid or a longer term than the best bid to
offset a shorter term or a lower price than that offered in the best
bid. Trailblazer shall determine whether such a counteroffer
constitutes a match, utilizing the same criteria as were applied to
determine the best bid.
(e) (1) If the original Shipper matches the best bid, it
shall be entitled to continuation of service and shall be obligated to
sign an Agreement tendered by Trailblazer which reflects the best bid
or any counteroffer by the original Shipper which matches such best
bid.
(2) If the existing Shipper fails to match the best
bid, the existing Agreement shall terminate at the end of its term and
service to the existing Shipper shall be automatically abandoned.
(3) Submission of a bid shall be binding on the
bidder. The bidder submitting the best bid shall be obligated to sign
an Agreement reflecting its bid if the original Shipper fails to match.
Nothing herein shall preclude negotiation of a more acceptable
Agreement by mutual consent of Trailblazer and such bidder; provided,
however, that service may not be agreed upon under terms and conditions
less favorable to Trailblazer than the best bid without providing the
original Shipper an additional opportunity to match such revised terms
and conditions.
(f) In the absence of a qualified bid, Trailblazer shall
notify Shipper of the rate (within applicable maximums and minimums)
and the term shall be negotiated between Trailblazer and the Shipper.
No discount or other special terms shall apply to a rollover Agreement
unless Trailblazer and Shipper mutually agree. If no agreement is
reached prior to the end of the two (2) week period following
Trailblazer's notice to Shipper, Shipper may, at that time, require
that Trailblazer enter into an Agreement to provide service at the
applicable maximum rate for a term specified by Shipper and running
from the date the existing Agreement expires. Unless Shipper so elects
at the end of the two (2) week period following Trailblazer's notice to
Shipper, Trailblazer may negotiate with any Shipper, with the original
Shipper having no further rights under this Section 22 and service
under the existing Agreement shall be terminated and automatically
abandoned at the expiration thereof.