ANR Storage Company
Original Volume No. 1
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Effective Date: 11/01/2007, Docket: RP08- 16-000, Status: Effective
Eighth Revised Sheet No. 147 Eighth Revised Sheet No. 147 : Effective
Superseding: Seventh Revised Sheet No. 147
GENERAL TERMS AND CONDITIONS
(Continued)
(b) Right of First Refusal:
Any Customer or Replacement Customer with an FS Agreement
paying Maximum Rates and (1) having a term of twelve (12)
consecutive Months or more, or (2) a term for more than one
year for a service not available 12 consecutive Months, may
exercise a right to continue to receive service under that
Agreement for all or a portion of the firm capacity under
the Agreement at the expiration of the Agreement's term
provided that Customer notifies Seller twelve (12) Months
prior to the expiration of the Agreement of its intent to
continue service under the Agreement, and will match the
best offer made by others for such capacity or portion
thereof by offering a rate and term of Agreement that
produces an equivalent or greater economic value for such
capacity as defined in Section 10.1(a), above, provided
that Seller shall not be obligated to enter into an
extension of any Agreement or continue service (i) at any
rate less than Seller's Maximum applicable Rate in effect
at the time of renewal or (ii) if a Customer's extension
rights are limited pursuant to Section 20 of these General
Terms and Conditions. If a Customer's Agreement does not
qualify for the right of first refusal under this Section
10, then Seller in a not unduly discriminatory manner may
agree otherwise with any such Customer.
After Customer has notified Seller of its intent to
continue service, the capacity available under Customer's
Agreement will be posted on Seller's Internet Site for
bid. Seller will accept bids for this capacity from the
time of posting up to and including, but no later than,
the forty-fifth (45th) Day prior to the date the existing
Agreement is scheduled to expire. Within five (5)
Business Days of the date bidding ends, Seller will
notify Customer of the bid received having the greatest
economic value, as defined by Section 10.1(a), above.
Customer will have ten (10) Business Days to notify
Seller whether it will match the rate and term offered in
the best bid, and if so will execute a new Service
Agreement matching the offer prior to the termination of
the existing Agreement.
If no bids are received, Customer may continue to receive
service under a new Agreement at the applicable Maximum
Rate, or at a rate agreed to by Customer and Seller.
(c) Priority of Request for Renewal of any ANR Existing
Agreements: For expiring ANR Existing Agreements,
Customer shall have the right of first refusal to retain
its service and enter into an FS Agreement for all or any