Crossroads Pipeline Company
First Revised Volume No. 1
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Effective Date: 05/03/2008, Docket: RP08-308-000, Status: Effective
Third Revised Sheet No. 78 Third Revised Sheet No. 78 : Effective
Superseding: Second Revised Sheet No. 78
GENERAL TERMS AND CONDITIONS
4. AUCTIONS OF AVAILABLE FIRM SERVICE
This Section governs the manner in which Transporter shall accommodate
requests for firm services when capacity is or becomes available, unless
otherwise indicated in the applicable Rate Schedule. With the exception of
capacity referenced in Section 4.2(j)(i)(3), this Section applies to existing
firm capacity that may become available and not to new pipeline capacity.
4.1 Circumstances Under Which Capacity Becomes Available.
(a) Termination of Short-Term Service Agreements. Upon the
termination of any firm Service Agreement having a term of less than one
year, the capacity associated with such terminated Service Agreement shall be
made available for bidding under the procedures described at Section 4.2
below, provided that: (i) the capacity is not previously committed under the
terms of this Tariff and (ii) facility capacity remains available.
(b) Continuing Service Under Certain Long-Term Agreements.
(1) Transporter shall notify Shipper in writing of the upcoming
expiration or termination of any firm Service Agreement with a term of
12 or more consecutive months of service or any firm multi-year seasonal
Service Agreement (a long-term Service Agreement) at the applicable
Recourse Rate for that service, and will provide such notice at least 30
days before Shipper is obligated to notify Transporter of its intent to
exercise its right of first refusal or other service continuation rights
under the Service Agreement as described in paragraph (c)(2) below.
Upon completion of the term of any long-term Service Agreement, Shipper
shall have the right to continue receiving service under that long-term
Service Agreement if that Service Agreement is at the Recourse Rate and
(i) contains a provision that continues service absent notice of
termination by Transporter or Shipper (an evergreen provision) and
neither party has provided such notice, (ii) otherwise extends beyond
that term according to its terms, or (iii) does not provide for
pregranted abandonment and Shipper executes a new long-term Service
Agreement at the Recourse Rate. If the above requirements are not
satisfied at the termination date of the primary term of a long-term
Service Agreement, service under that long-term Service Agreement
(regardless of the origination date of that long-term Service Agreement)
shall be subject to the termination and right of first refusal
provisions set forth at paragraph (c) below.