TransColorado Gas Transmission Company
Original Volume No. 1
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Effective Date: 12/01/2003, Docket: RP00-459-002, Status: Effective
Fourth Revised Sheet No. 228 Fourth Revised Sheet No. 228 : Superseded
Superseding: Third Revised Sheet No. 228
GENERAL TERMS AND CONDITIONS
7. RIGHT OF FIRST REFUSAL PROCEDURE
7.1 Upon expiration or notice of termination from TransColorado of
a firm service agreement, with a term of 12 consecutive months or greater
at the maximum tariff rate, or multi-year seasonal maximum-rate contracts
for services not offered for a full 12 months, Shipper shall have a right
of first refusal to extend service under a new service agreement.
Shippers with firm service at discounted rates or negotiated-rate Shippers
with contracts entered into prior to March 26, 2000, with a term equal to
or greater than one year retain the right of first refusal. However, any
such grandfathered service agreement thereafter shall extend at the
maximum rate for twelve or more consecutive months of service or for a
term of more than one year for service not available for twelve
consecutive months in order to retain its ROFR beyond the extended term.
The Shipper must give TransColorado written notice that it will utilize
the right-of-first refusal procedure the earlier of (a) the date of the
notice period provided for in Shipper's contract; or (b) 90 days prior to
the expiration of the term of the contract. TransColorado shall provide
written notice to the Shipper 30 days in advance of the applicable
deadline. In the notice TransColorado will specify the information
Shippers need to provide to exercise their right of first refusal.
7.2 TransColorado shall post on the Informational Postings portion
of the Interactive Website the terms and conditions of the available
capacity under the expiring contract as follows:
(a) CD stated in Dth/day.
(b) Receipt and delivery points at which capacity is
available and the firm quantities at such points.
(c) Effective date.
(e) Applicable rates for the service.
(f) Minimum conditions.
(g) The criteria by which bids are to be evaluated.
(h) That the capacity is subject to right of first refusal.
7.3 Capacity will be made available on a nondiscriminatory basis
and will be assigned on the basis of a bid period determined pursuant to
the open season periods provided for in Section 6 of these General Terms
(a) A Shipper desiring to acquire the available capacity
shall place a bid with TransColorado, through the Interactive Website or
in writing, during the bid period. The bid shall be binding once received
by TransColorado and may not be withdrawn by the Bidding Shipper.