Midwest Gas Storage, Inc.
First Revised Volume No. 1
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Effective Date: 05/15/1994, Docket: CP90-454-004, Status: Effective
Original Sheet No. 526 Original Sheet No. 526 : Effective
negligence or in the event of failure to use due diligence
to remedy the situation and to remove the cause in an
adequate manner and with all reasonable dispatch, nor shall
such causes or contingencies affecting such performance
relieve Shipper from its obligations to make payments as
then due or becoming due determined hereunder.
11. RIGHT-OF-FIRST-REFUSAL
11.1 General. Upon the expiration or termination of an FSS
agreement having a term of less than one year, Midwest's
underlying transportation obligation shall automatically be
terminated, and the transportation service abandoned under
Section 7(b) of the NGA. Any Shipper or Replacement
Shipper with an FSS agreement having a term of one (1) year
or more may exercise a right to continue to receive service
under that Agreement for all or a portion of the firm
capacity under the Agreement at the expiration of the
Agreement's term, provided that Shipper complies with the
procedures set forth in this section.
11.2 Procedures.
(a) Notifications As set forth in the schedule below,
Midwest will notify in writing FSS Shippers who are
eligible to participate in the right-of-first-refusal
process set for in this section of the upcoming
expiration of their contract. Similarly, these
Shippers must then notify Midwest of their election to
participate in the right-of-first-refusal process:
Contract Midwest's Notice of Shipper's
Term Contract Expiration Election
-------- ------------------- ---------------
1 - 5 7 months before 6 months before
years contract expires contract expires
> 5 13 months before 12 months before
years contract expires contract expires
(b) Bid Evaluation After Shipper has notified Midwest of
its intent to continue service, the capacity available
under Shipper's Agreement will be posted on Midwest's