National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 09/30/2006, Docket: RP06-291-000, Status: Effective

Second Revised Sheet No. 368 Second Revised Sheet No. 368 : Effective

Superseding: First Revised Sheet No. 368

 

GENERAL TERMS AND CONDITIONS

 

 

11. PREGRANTED ABANDONMENT AND RIGHT OF FIRST REFUSAL (Cont'd)

 

11.2 Shipper's ROFR Notice

 

When Transporter provides a notice of termination of a Qualifying

Agreement, Shipper shall notify Transporter within fifteen (15)

days thereof as to whether it wishes to avail itself of the Right

of First Refusal procedures set forth in this Section 11

("Shipper's ROFR Notice"). When Shipper provides a notice of

termination of a Qualifying Agreement, it shall provide Shipper's

ROFR Notice within such termination notice. A Shipper that does

not provide a Shipper's ROFR Notice indicating that it wishes to

avail itself of the Right of First Refusal procedures set forth in

this Section 11 as set forth herein shall be deemed to have

irrevocably waived its Right of First Refusal.

 

11.3 Posting of Notices of Termination

 

Within thirty (30) days of Shipper's ROFR Notice, but no earlier

than six (6) months prior to the date by which notice of

termination must be provided under the agreement, Transporter shall

post on its Web Site the following information:

 

(a) the primary receipt and delivery points under the terminated

agreement, as well as other receipt and delivery points then

available as primary points for the capacity associated with

the terminated agreement,

 

(b) the specific quantity available under the terminated contract,

 

(c) the date of expiration,

 

(d) the current maximum rate applicable to the terminated service.

 

11.4 Bidding Procedure

 

For the time period stated in Transporter's posting, which shall be

no shorter than ten (10) Business Days, Transporter will accept

service requests from Shippers. A Shipper submitting a service

request in response to a posting pursuant to this Section 11 shall

include, in addition to the information required by the applicable

rate schedule, a request for any discount sought by the Shipper.

The rate for the service requested by Shipper, as discounted in

accordance with the Shipper's request, and the term of service

requested by the Shipper, shall constitute the Shipper's bid for

the capacity posted by Transporter.