White River Hub, LLC
Original Volume No. 1
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Effective Date: 08/31/2009, Docket: RP09-853-000, Status: Effective
First Revised Sheet No. 91 First Revised Sheet No. 91
Superseding: Original Sheet No. 91
GENERAL TERMS AND CONDITIONS
7. EXERCISE OF RIGHT OF FIRST REFUSAL
7.1 A Shipper with a FT or RGS Rate schedule service agreement at the
maximum applicable rate with a current contract term for one (1) year or
greater or for multi-year seasonal service shall have a right of first
refusal upon the expiration or termination of the current contract term.
Shipper may exercise its right of first refusal by following the procedures
set forth in this § 7.
7.2 (a) At least one month prior to the expiration of Shipper's
service agreement, White River will post Shipper's capacity for sale as
available capacity according to the procedures set forth in § 5 of these
General Terms and Conditions. White River will indicate in the notice of
available capacity whether the capacity is subject to a right of first
refusal. Parties interested in purchasing the capacity may submit bids for
the capacity according to § 5.
(b) White River may post the capacity for sale at any time
within the last contract year. However, Shipper will retain the capacity
until the end of its current contract term.
7.3 Upon White River's acceptance of a bid, White River will inform
Shipper of the terms of the bid. Shipper shall have one business day to match
the rate and contract term of the bid. If Shipper matches the bid, Shipper
will be awarded the capacity. Otherwise, Shipper's service agreement will
expire at the end of its current term. Thereafter, Shipper shall have no
rights to the capacity.
7.4 If no acceptable bids are received and Shipper is willing to pay
the maximum rate, Shipper may retain the capacity for whatever term it chooses
up to the maximum term set forth in the notice of availability.
7.5 If Shipper elects to retain the capacity, White River will issue
Shipper a new contract setting forth the agreed upon rate and term, as well as
the same primary receipt and delivery point capacities currently held by
Shipper under the expiring service agreement.