El Paso Natural Gas Company

Second Revised Volume No. 1A

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Effective Date: 04/01/2010, Docket: RP10-454-001, Status: Effective

Second Revised Sheet No. 219L Second Revised Sheet No. 219L

Superseding: Substitute First Revised Sheet No. 219L







4.13 Subject to available capacity and this Section 4, a Shipper with

an Executed TSA pursuant to Rate Schedules FT-H, NNTD and NNTH may

re-contract to a higher level of such service at any time for the

remainder of the term of its contract.


4.14 Right-of-First-Refusal


(a) Upon expiration of the term of a TSA providing for service

for 12 Months or more at the applicable maximum tariff rate,

or a TSA that was in effect on March 26, 2000, providing for

service for 12 Months or more at a discounted rate, a

"right-of-first-refusal" as prescribed in this Section 4.14

shall be available. In order to avail itself of its right-

of-first-refusal, the Shipper must give Transporter its

written notice of intent to exercise such right-of-first-

refusal not later than (i) the date of the notice period

provided for in Shipper's contract; or (ii) six Months prior

to the expiration of the term of the contract, whichever

shall first occur.


(b) Transporter shall post on its EBB the terms and conditions

of the available capacity under the expiring contract as



(i) firm daily quantities stated in dth/d;

(ii) the Flow Path, Receipt and Delivery Points at which

capacity is available identified by NAESB Common Code

and the firm quantities at such point(s);

(iii) effective date;

(iv) term;

(v) the rate (i.e., Reservation Charge(s) and Usage

Charge(s) applicable to each Delivery Point);

(vi) minimum conditions; and

(vii) the criteria by which bids are to be evaluated.


Shippers exercising right-of-first-refusal for a portion of

their TCD will not be required to retain primary rights on a

geographic proportionate basis.