Wyoming Interstate Company, Ltd.

Second Revised Volume No. 2

 Contents / Previous / Next / Main Tariff Index

 

 

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.