National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 09/30/2006, Docket: RP06-291-004, Status: Effective

Sub. Original Sheet No. 370A Sub. Original Sheet No. 370A : Pending

 

 

GENERAL TERMS AND CONDITIONS

 

 

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

 

reduction among primary receipt and delivery points, Shipper shall

retain the same primary receipt and delivery points with a

proportionate reduction at each point.

 

If Shipper notifies Transporter that it is exercising its ROFR with

respect to Shipper's entire contract quantity, Transporter shall

provide a written confirmation thereof to Shipper within ten (10)

Business Days, and the Shipper's service agreement shall be deemed

to be amended in accordance with the terms of the Best Bid(s) so

matched by Shipper as of the date of Transporter's written

confirmation. If Shipper notifies Transporter that it is

exercising its ROFR with respect to a quantitative portion of

Shipper's contract quantity, or that it is matching a quantitative

portion of the capacity bid upon, Transporter shall send Shipper an

executable service agreement in the Form of Service Agreement set

forth in this tariff, reflecting the reduction of Shipper's

contract quantity and the allocation of that reduction among

receipt and delivery points. Shipper must execute and return this

service agreement to Transporter within ten (10) Business Days

after it is tendered by Transporter. Shipper's failure to abide in

a timely manner with this requirement shall constitute an

irrevocable waiver of its ROFR.

 

11.7 Absence of Acceptable Bids

 

In the event Transporter does not receive any bids pursuant to

Section 11.4 or Transporter rejects all bids received due to the

fact that such bids were premised on rate discount levels or rate

discount periods unacceptable to Transporter, Transporter shall

notify Shipper to such effect, and Shipper shall be entitled to

retain all or a quantitative portion of its capacity and continue

to receive service at the applicable maximum rate for a term

specified by Shipper, or Transporter and Shipper may mutually agree

upon the terms and conditions under which Shipper shall be entitled

to retain all or a quantitative portion of its capacity and

continue to receive service, at a rate between the minimum and

maximum negotiated by Transporter and Shipper. If Shipper retains

only a quantitative portion of its capacity, its rights shall be

reduced in accordance with Section 11.6 above. In either of the

events that Shipper has not elected to retain all or a quantitative

portion of its capacity as provided above or that Transporter and

Shipper have not reached agreement on the terms and conditions

under which service will be extended for Shipper before