Maritimes & Northeast Pipeline, L.L.C.
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 01/01/2005, Docket: RP04-360-000, Status: Effective
Original Sheet No. 227C Original Sheet No. 227C : Superseded
GENERAL TERMS AND CONDITIONS
(continued)
4. ALLOCATION OF CAPACITY ENTITLEMENTS (continued)
(g) In the event Pipeline does not receive any bids
pursuant to Section 4.2(c) or Pipeline rejects all
bids received due to the fact that such bids were
premised on rate discount levels or rate discount
periods unacceptable to Pipeline, Pipeline and
Customer may mutually agree upon the terms and
conditions under which Customer shall be entitled to
retain its capacity and continue to receive service.
In no event shall Pipeline and Customer agree upon
terms which yield to Pipeline a net present value less
than any bid received pursuant to Section 4.2(c) and
rejected by Pipeline, and in no event shall Pipeline
be obligated to sell capacity at less than the maximum
lawful price for such capacity. In the event Pipeline
and Customer have not reached agreement on the terms
and conditions under which service will be extended,
at Customer's election, such election to be exercised
prior to the date which is five months before the
termination date, Pipeline shall tender and Customer
shall execute, within 20 Days of receipt, a new
Service Agreement reflecting service for all or part
of the contractual quantity, so long as such Customer
agrees to pay the maximum rate; provided, however, if
Pipeline and Customer mutually agree to a lower rate
which yields to Pipeline a net present value equal to
or greater than any bid received pursuant to Section
4.3 and rejected by Pipeline, the Customer does not
have to pay the maximum rate to retain the capacity.
(h) In the event Pipeline and Customer do not execute a
new Service Agreement pursuant to the provisions of
this Section 4.2, Pipeline shall have all necessary
pregranted abandonment authorization as to any part of
the contractual quantity which is not covered by a new
Service Agreement. The new Service Agreement must
meet all the requirements of the definition of ROFR
Agreement for Customer to continue to have the right
of first refusal pursuant to Section 4.2.
4.3 Capacity which is not subject to the right of first
refusal claim pursuant to Section 4.2 shall be posted as
available capacity on Pipeline's Website and shall be
marketed in accordance with Section 4.1 of Pipeline's
GT&C.