Wyoming Interstate Company, Ltd.
Second Revised Volume No. 2
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Effective Date: 04/12/2010, Docket: RP10-491-000, Status: Effective
Second Revised Sheet No. 50B Second Revised Sheet No. 50B
Superseding: First Revised Sheet No. 50B
GENERAL TERMS AND CONDITIONS
(Continued)
4. REQUESTS FOR SERVICES (Continued)
4.10 Right of First Refusal (Continued)
(e) Continuation If No Firm Transportation Agreement Is Executed.
If the existing Shipper declines to match a superior
competing offer, and an agreement is not executed for the
subject capacity on or before expiration of the existing
Shipper's firm transportation agreement, the existing Shipper
shall have the right to continue service at Transporter's
maximum Tariff rate, for an agreed term between the Parties.
If the existing Shipper declines to continue service as of
the date of contract expiration, or if the Parties are unable
to reach agreement on the term of extension, then Shipper's
rights to the subject capacity shall terminate as if the
existing Shipper had given notice of intent to terminate its
agreement.
(f) Right of First Refusal Clause in Firm Transportation
Agreement. Transporter and Shipper may agree to include a
right of first refusal rollover or evergreen clause in their
agreement. The contractual right of first refusal, rollover
or evergreen clause would allow the Shipper to exercise a
right of first refusal in situations where the regulatory
right would not apply. In such case, Shipper may rely on its
contractual rights in lieu of the regulatory right of first
refusal. However, if a Shipper has entered into a firm
agreement utilizing off-system capacity contracted for
pursuant to Section 4.5 of the General Terms and Conditions,
it may not elect to extend the term of its agreement beyond
the term of Transporter's agreement for such off-system
capacity.
(g) Capacity that is sold on an interim basis up to the
commencement date of a prospective firm transportation
agreement, pursuant to Section 4.2(e) of the General Terms
and Conditions, shall not be eligible for a right of first
refusal.
(h) Capacity that is sold on an interim basis in accordance with
Section 4.4, Capacity Reserved for Future Expansion/Extension
Projects, shall not be eligible for a right-of-first-refusal
unless Transporter and Shipper agree to a conditional
contractual right-of-first-refusal that would take effect
upon a determination that the proposed project will not go
forward.