B-R Pipeline Company

Original Volume No. 1

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Effective Date: 05/01/2004, Docket: RP04-224-000, Status: Effective

Original Sheet No. 118 Original Sheet No. 118 : Effective








22.4 Awarding (Continued)


subject to Section 22.6. If the first-received method results in a

tie, capacity will be awarded by holding a lottery using a random

number generator.


22.5 Right of First Refusal.


(a) A Shipper under an expiring or terminating Part 284 firm

service agreement with a term of one year or longer at maximum tariff

rates may avoid pregranted abandonment of service in accordance with

the terms of Section 284.221(d) of the Commission's regulations,

provided that:

(1) the service agreement is expiring under its own terms or

Shipper is not the party providing termination notice under an

evergreen provision, and

(2) service is not being provided on an interim basis pursuant to

Section 22.2(c).

Such Shipper can continue receiving the contracted service by matching

the incremental economic value of competing bid(s) in accordance with

the procedures described below; provided, however, that in no event

will Shipper be required to match a bid that exceeds a five (5)

year term in order to avoid pregranted abandonment of service.


(b) Transporter will notify the existing Shipper of the best

non-contingent bid(s), or that no bids from creditworthy bidders

were received, within one (1) business day after determining the

same. The existing Shipper will have a right of first refusal to

match the best bid received for such capacity for two (2) business

days after receiving the notification of the best bid for bids of

six (6) months or longer duration and one (1) business day after

receiving notification of the best bid for bids of less than six

(6) months.


(c) If the best bid as determined by Transporter is for less than

the total capacity subject to the right of first refusal, the

existing Shipper is required to match the incremental economic

value for the amount of capacity to which the bid applies in order

to retain the right to service for that portion of the capacity.

The existing Shipper also may choose to retain only a portion of

its capacity rights by matching the incremental economic value of

any bid(s) submitted for that portion. If an existing Shipper