Cheyenne Plains Gas Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 07/26/2010, Docket: RP10-876-000, Status: Effective
First Revised Sheet No. 230 First Revised Sheet No. 230
Superseding: Original Sheet No. 230
GENERAL TERMS AND CONDITIONS
4. REQUEST FOR SERVICES (Continued)
4.9 Right-of-First-Refusal ("ROFR") (Continued)
(f) Continuation if No Firm TSA is Executed. If Transporter does not
execute a firm TSA with a competing Shipper on or before the
expiration of the existing Shipper's TSA, the existing Shipper
shall have the right to continue service at Transporter's maximum
applicable Tariff rate for an agreed term between the Parties.
(g) Evergreen Rights. Transporter and Shipper may mutually agree to
an evergreen provision in the TSA that would allow the TSA to go
beyond its primary term with the mutual consent of the parties.
If the TSA contains an evergreen provision, the ROFR provisions
of this section will not apply until the TSA has reached the end
of the evergreen period. However, if such Shipper has entered
into a firm agreement utilizing off-system capacity contracted
for pursuant to Section 4.6 below, it may not elect to extend the
term of its agreement beyond the term of Transporter's agreement
for such off-system capacity.
(h) Capacity that is sold on an interim basis up to the commencement
date of a prospective firm transportation agreement, pursuant to
Section 4.3(f) of the General Terms and Conditions, shall not be
eligible for a right of first refusal.
(i) Transporter and Shipper may mutually agree to the early
termination of one or more TSAs in exchange for Shipper's
extension of the use of all or part of the underlying capacity
under new terms. To the extent that Transporter and Shipper have
mutually agreed to this arrangement, Shipper need not participate
in an open season for the extension nor must the underlying
capacity be posted on Transporter's EBB as unsubscribed,
available capacity prior to the extension.
(j) Prior to the expiration of the term of a TSA, Transporter and
Shipper may mutually agree to an extension of the term of the TSA
with respect to all or part of the underlying capacity (the exact
terms of which are to be negotiated on a case-by-case basis in a
not unduly discriminatory manner). To the extent that
Transporter and Shipper have mutually agreed to this arrangement,
Shipper need not participate in an open season for the extension
nor must the underlying capacity be posted on Transporter's EBB
as unsubscribed, available capacity prior to the extension. If a
TSA has a right-of-first-refusal, the agreement to extend the
term must be reached prior to the receipt of an acceptable bid
submitted pursuant to Section 4.3 of these General Terms and