Transcolorado Gas Transmission Company LLC
Second Revised Volume No. 1
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Effective Date: 12/28/2007, Docket: RP08-167-000, Status: Effective
Original Sheet No. 249 Original Sheet No. 249 : Effective
GENERAL TERMS AND CONDITIONS
7.2 RIGHT OF FIRST REFUSAL PROCEDURE (Continued)
C. Capacity will be made available on a nondiscriminatory basis
and will be assigned on the basis of a bid period determined pursuant to the
open season periods provided for in Section 6 of these General Terms and
Conditions.
(a) A Shipper desiring to acquire the available capacity
shall place a bid with TransColorado, through the Interactive
Website or in writing, during the bid period. The bid shall be
binding once received by TransColorado and may not be withdrawn
by the Bidding Shipper.
(b) The Bidding Shipper's bid must include all information
required by Section 5 of these General Terms and Conditions of
this Tariff.
D. TransColorado shall not be obligated to accept any bid for
the capacity at less than the maximum applicable tariff rate or for a term
greater than 20 years. Upon acceptance of a bid, TransColorado shall inform
the existing Shipper of the terms of the bid to permit the Shipper to exercise
its right of first refusal. A Shipper exercising its right of first refusal
must match the highest bid. The existing Shipper shall have five days to
inform TransColorado that it agrees to match the bid.
TransColorado will determine the value of bids pursuant to
the net present value methodology set forth in Section 6.10 of these General
Terms and Conditions. If the existing Shipper provides notification that it
elects to match the value of the accepted bid, then TransColorado shall
contract with the existing Shipper. If the existing Shipper does not elect to
match the value of the Acquiring Shipper's bid, TransColorado will contract
with the Acquiring Shipper according to the terms and conditions of the
Tariff.
E. If no bids are received and the existing Shipper is willing
to pay the maximum rate, the existing Shipper will be entitled to continue to
receive service for whatever term it chooses. At the end of the term, the
existing Shipper may again exercise its right of first refusal to retain the
capacity.
F. Any shipper that acquires available capacity according to
this section will not be required to repeat the bidding procedures outlined in
Section 5 of this Tariff.
G. If TransColorado and a Shipper enter into a contract for service
that is not the result of the rollover or the right of first refusal
procedure, the bidding requirements included in Section 5 of these General
Terms and Conditions shall apply.