Westgas Interstate, Inc.
First Revised Volume No. 1
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Effective Date: 04/01/2003, Docket: RP00-545-001, Status: Effective
First Revised Sheet No. 88 First Revised Sheet No. 88 : Effective
Superseding: Original Sheet No. 88
GENERAL TERMS AND CONDITIONS
26. RIGHT-OF-FIRST-REFUSAL (Continued)
26.2 APPLICABILITY - This Section 26 is applicable to
any Shipper with a Transportation Service Agreement of
one (1) year or longer, that does not contain an
"evergreen" clause. For firm Transportation Service
Agreements which contain an "evergreen" provision,
Shipper's right to continued service shall be governed by
the terms of the "evergreen" provision. Any capacity
which becomes available under an agreement not containing
an "evergreen" provision shall be posted in the manner
set forth in Section 26.3 below.
26.3 NOTICE BY SHIPPER - As provided herein, Shipper
shall notify Transporter of its intention to extend the
terms of the existing agreement or to allow the
agreement to expire. For firm agreements of three (3)
years or less, such notice shall be received by
Transporter on or before six (6) months prior to the
expiration date of the agreement (Notice Period) or
such other Notice Period as may be provided for in the
agreement. For firm agreements greater than three (3)
years in term, notice shall be received by Transporter
on or before twelve (12) months prior to the expiration
date of the agreement (Notice Period) or such other
Notice Period as may be provided for in the agreement.
Shipper's notice shall set forth the rate and term at
which Shipper proposes to extend the agreement. If
Shipper fails to provide the required notice,
Shipper's rights to capacity under the Agreement shall
terminate upon the expiration date of the agreement as
provided herein.
26.4 AVAILABILITY OF CAPACITY - Beginning not less than
thirty (30) business days after the receipt of Shipper's
required notice, and continuing for thirty (30) days
(Bid Period), Transporter shall post on its Electronic
Bulletin Board notice of the capacity which is
available as a result of the expiring agreement. Any
party may submit a bid for the subject capacity during
the Bid Period. In soliciting bids for the available
capacity, WestGas InterState shall post the terms and
condition of the available capacity under the expiring
contract as follows:
(a) firm daily quantities stated in Mcf/d;