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.