ANR Storage Company

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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