Wyoming Interstate Company, Ltd.
Second Revised Volume No. 2
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Effective Date: 04/12/2010, Docket: RP10-491-000, Status: Effective
First Revised Sheet No. 42B First Revised Sheet No. 42B
Superseding: Original Sheet No. 42B
GENERAL TERMS AND CONDITIONS
(Continued)
4. REQUESTS FOR SERVICES (Continued)
4.2 Prospective Sale of Available Capacity (Continued)
(b) Transporter will consider, on a not unduly discriminatory
basis, requests for firm service outside of the above
specified time periods if the request involves any of the
following conditions:
(i) The request is associated with an open season;
(ii) The request involves capacity that is available due to
the termination of an existing contract or the reduction
of contracted volume under an existing contract; or
(iii) The request involves the modification or construction of
facilities or the issuance of any necessary certificate
authorization.
(c) Should Transporter conduct an open season, it will post a
notice of availability of the uncontracted-for capacity on
its EBB to afford all potential Shippers an opportunity to
acquire the capacity. Any party wishing to purchase the
capacity, and who meets Transporter's creditworthiness
requirements, may participate in the open season.
Transporter will award the capacity on a net present value
basis using nondiscriminatory and objective posting and
evaluation criteria specified in the notice of open season.
When an open season is being conducted, all applicable
requests for service will be treated under this open season
process.
(d) Transporter will conduct an open season (involving either an
open offer to sell capacity or a pre-arranged transaction) if
it wishes to sell capacity where the requested start date
extends one year or more into the future. The open season
will comply with the requirements of Section 4.2(c) above.
(e) If Transporter sells firm capacity pursuant to Section
4.2(b)(i), capacity will be made available to other shippers
on an interim basis up to the commencement date of the
prospective firm transportation service agreement. Where the
requested start date of the prospective capacity extends more
than one year into the future and the interim capacity would
otherwise be eligible for the right of first refusal ("ROFR")
if it is acquired at the maximum applicable tariff rate,
Transporter will limit the ROFR rights of such interim
capacity. If ROFR rights are limited, the transportation
service agreement will note the limitation.