Transcolorado Gas Transmission Company LLC

Second Revised Volume No. 1

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Effective Date: 08/29/2009, Docket: RP09-845-001, Status: Effective

Substitute First Revised Sheet No. 248 Substitute First Revised Sheet No. 248

Superseding: Original Sheet No. 248

 

GENERAL TERMS AND CONDITIONS

 

7. ROLLOVER RIGHTS AND RIGHT OF FIRST REFUSAL PROCEDURES (continued)

 

E. If Shipper and TransColorado agree to an amended Service Agreement to roll

over a Transportation Contract pursuant to this Section 7.1, the Right of First Refusal under

Section 7.2 shall not apply.

 

7.2 RIGHT OF FIRST REFUSAL

 

A. Upon expiration or notice of termination from TransColorado of a firm

service agreement with a term of twelve (12) consecutive months or greater at the maximum tariff

rate, or multi-year seasonal maximum-rate contracts for services not offered for a full twelve

(12) months, Shipper shall have a right of first refusal (ROFR) to extend service under a new

service agreement. A Shipper paying a discounted rate or a negotiated rate will not have the

ROFR, unless otherwise agreed to in writing by TransColorado. TransColorado and a Shipper under a

firm contract may agree that Shipper shall have the right to extend the term of its existing

contract pursuant to a negotiated contractual right of first refusal provision, which right shall

be available whether or not a Shipper's right of first refusal under the Commission's Regulations

applies and shall be exercised in accordance with Sections 7.2 B through G, below. TransColorado

is not obligated to offer or agree, nor is Shipper required to agree, to any such contractual

right of first refusal provision, provided, however, that to the extent TransColorado offers or

agrees to any such contractual right of first refusal provision, it must do so on a

nondiscriminatory basis for similarly situated Shippers and that the exercise of such contract

right will not diminish or impair a Shipper's right of first refusal as set forth in the

Commission's Regulations. However, Shippers with firm service at discounted rates or negotiated-

rate Shippers with contracts entered into prior to March 26, 2000, with a term equal to or greater

than one (1) year retain the ROFR. Any such grandfathered service agreement thereafter shall

extend at the maximum rate for twelve (12) or more consecutive months of service or for a term of

more than one (1) year for service not available for twelve (12) consecutive months in order to

retain its ROFR beyond the extended term. The Shipper must give TransColorado written notice that

it will utilize the ROFR procedure the earlier of (a) the date of the notice period provided for

in Shipper's contract; or (b) 90 days prior to the expiration of the term of the contract.

TransColorado shall provide written notice to the Shipper 30 days in advance of the applicable

deadline. In the notice TransColorado will specify the information Shippers need to provide to

exercise their right of first refusal.