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

(Continued)

 

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.