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Original Sheet No. 180 Original Sheet No. 180 : Superseded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