Portland General Electric Company
Original Volume No. 1
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Effective Date: 12/03/2003, Docket: RP04- 48-000, Status: Effective
Original Sheet No. 120 Original Sheet No. 120 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
22. AVAILABLE CAPACITY (Continued)
22.5 Right of First Refusal (Continued)
wishes to retain only a portion of its capacity and Transporter
has indicated in the special conditions of its posting that it
has determined that partial use or segmentation of the posted
capacity may create operational problems (such as reducing the
existing Shipper's ability to respond to an OFO pursuant to
Section 13.15), Shipper will be subject to a contract-specific
flow requirement on its retained segment or must be willing to
take other action that is acceptable to Transporter.
(d) If an existing Shipper chooses not to match the incremental
economic value of the best bid(s) as determined by Transporter,
capacity will be awarded to the selected bidder(s), and the
existing Shipper's right of first refusal will expire.
(e) If no creditworthy bids are submitted for any portion of
the capacity, an existing Shipper will be entitled to continue
its existing service for any portion of the capacity, for any
term desired, provided Transporter and Shipper agree to
mutually acceptable rates for the service at a level within the
posted maximum and minimum tariff rates for the applicable
service. If Transporter and Shipper fail to agree on rates
within thirty (30) days of the bid close date, Shipper's right
of first refusal will be deemed to have terminated. If an
existing Shipper wishes to retain only a portion of its
capacity and Transporter has indicated in the special
conditions of its posting that it has determined that partial
use or segmentation of the posted capacity may create
operational problems (such as reducing the existing Shipper's
ability to respond to an OFO pursuant to Section 13.15),
Shipper will be subject to a contract-specific flow requirement
on its retained segment or must be willing to take other action
that is acceptable to Transporter.
22.6 Notwithstanding anything to the contrary set forth in this
Section 22, Transporter will not be required to provide service at
any rate less than the maximum tariff rate as set forth on Sheet No. 4,
as such rate may vary from time to time.