Natural Gas Pipeline Company Of America
Seventh Revised Volume No. 1
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Effective Date: 04/18/2008, Docket: RP08-319-000, Status: Effective
Original Sheet No. 289 Original Sheet No. 289 : Pending
GENERAL TERMS AND CONDITIONS
(v) If firm capacity which would satisfy all or part
of the conditional capacity award in an Early Open Season is the subject
of a subsequent open season or right of first refusal process, the
winning bid in the Early Open Season shall be deemed to be a bid in any
such open season or right of first refusal process until the winning
Early Open Season bidder has fully contracted for the firm capacity it
was conditionally awarded in the Early Open Season or until three (3)
years have elapsed from the date of the Early Open Season award, (unless
Natural and a bidder agree in writing to a shorter period prior to
commencement of the Early Open Season) whichever occurs first.
Thereafter, the conditional capacity award in the Early Open Season
shall have no further effect.
(vi) The Early Open Season winning bid deemed
submitted as a bid in the subsequent open season or right of first
refusal process (or a higher value bid submitted by the winning bidder
in the Early Open Season) shall establish the reserve price in that open
season or process. If that bid is otherwise a valid bid in such
subsequent open season or right of first refusal process and is the
highest value bid therein under the criteria applicable to that
subsequent open season or right of first refusal process, Natural shall
be obligated to award such firm capacity to the Early Open Season
bidder, subject to any right of the existing capacity holder to match.
The winning Early Open Season bidder shall have the right to match the
highest bid submitted by any entity other than the existing capacity
holder exercising an Extension Right.
(vii) Nothing herein will prevent the winning bidder in
the Early Open Season from submitting an additional bid of higher value
[as determined under Section 5.1(d)] in any open season or right of
first refusal process in which it is deemed to have submitted a bid
under these procedures.
(viii) Firm capacity offered but not awarded in an Early
Open Season must go through an Initial Open Season at the time specified
in Section 5.1(c)(1).
(3) REQUEST PROCEDURE If Posted Capacity is not awarded in
the Initial Open Season, Natural may award that capacity through either
the Request Procedure in this Section 5.1(c)(3) or the Additional Open
Season Procedure in Section 5.1(c)(4).