Mississippi River Transmission Corp.

Third Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 43-004, Status: Effective

Original Sheet No. 180 Original Sheet No. 180 : Superseded

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

15. TERMINATION OF SERVICE/RIGHT OF FIRST REFUSAL (Continued)

 

15.7 If two or more bona fide bids qualify as the best bid, then

MRT will select the first bid received as the bid that the existing

capacity holder must match. If two or more bona fide qualifying bids

are received by MRT at the same time, MRT shall use a lottery to select

the bid that the existing capacity holder must match. An existing

capacity holder may have to match more than one bid if each bid is for

only part of the existing capacity holder's capacity.

 

15.8 If MRT determines that the best bid is acceptable, then MRT

shall notify the firm capacity holder in writing at least ninety (90)

days before the expiration of its firm Service Agreement of the best

bid(s), as determined pursuant to Section 15.6, it must match in order

to retain all or part of its capacity. MRT shall also post on its EBB

the best bid(s), or MRT shall post that no acceptable bid(s) were

received by MRT for the available capacity. The firm capacity holder

must respond in writing to MRT's notice of the best bid(s) and elect

whether or not to match the competing bid(s) within fifteen (15) days of

receipt of MRT's notice under this provision. If the existing firm

capacity holder agrees to match the best bid(s), MRT shall tender a

Service Agreement for the firm capacity identical to the best bid(s)

matched. The existing firm capacity holder shall have thirty (30) days

from the date the agreement is tendered to execute and return the

Service Agreement to MRT. If the existing firm capacity holder declines

to match the best bid(s) or fails to respond within the time period

specified herein, MRT shall notify the bidder(s) that made the best

bid(s) of the availability of the firm capacity, and shall tender a firm

Service Agreement to that bidder(s).

 

15.9 If no bona fide bid(s) for the available capacity is

received which are acceptable to MRT, the existing capacity holder may

retain its capacity if MRT and the existing capacity holder agree on the

rate to be charged.