Tariff

Previous

Next


TWP Pipeline LLC
FERC GAS TARIFF
SECOND REVISED VOLUME NO. 1

SECTION 7.23
RIGHT OF FIRST REFUSAL
VERSION 3.0.0

GENERAL TERMS AND CONDITIONS
charged to Releasing Shipper's next monthly bill and will be due and payable by Releasing Shipper in accordance with this section. 7.22.9 Index-Based Capacity Release 1. For purposes of this section, Transporter may be contacted via the following e-mail address: info@twp-pipeline.com. 2. To request an index-based capacity release, the Releasing Shipper shall submit to Transporter the details for its desired capacity release in conformance with the terms of Transporter's FERC Gas Tariff via e-mail. 3. Transporter shall post notice providing details of any index-based capacity release offers on Transporter's website. For biddable releases, bidders shall respond by e-mail address included in Section 7.22.0.1. 4. Transporter will manually evaluate any index-based capacity release Bids received and make the capacity release award by the deadline(s) prescribed by the Releasing Shipper, including any applicable extensions, as required by NAESB standards. 5. Following the evaluation of bids, Transporter will post the winning bid's details on Transporter's website. 7.23. RIGHT OF FIRST REFUSAL 7.23.1. Except for negotiated rate contracts, if an FT Agreement at the maximum Recourse Rate for a term of twelve (12) or more consecutive months of service contains no automatic extension provision, Shipper shall be entitled to a ROFR to the renewal of its Transportation Quantity in accordance with the procedures set forth in this section. Prior to the termination of any FT Agreement and prior to Transporter posting the availability of capacity under this section, if applicable, Transporter and Shipper may mutually agree to modify or extend such agreement, with respect to all or a portion of the underlying MDQ, on a case-by-case basis and in a not unduly discriminatory manner. 7.23.2. Unless otherwise agreed to in Shipper's FT Agreement, Shipper must provide written notice to Transporter at least 180 days prior to the termination date if the Shipper wants to exercise its ROFR. 7.23.3. Transporter shall post the capacity for bidding on its Website no later than 180 days prior to the expiration of Shipper's FT Agreement. The capacity will remain posted on the Website for a minimum of twenty (20) days ("ROFR Bidding Period"), with such posting containing the following information with respect to the capacity: a) Daily Transportation Quantity; b) Receipt and Delivery Points; c) Maximum reservation charge; d) Any applicable restrictions; and e) The last day of the ROFR Bidding Period. Transporter may require bidders to insure that offers are bona fide by providing financial assurances satisfactory to Transporter. 7.23.4. A Shipper may elect to retain a portion of its Contracted Capacity subject to ROFR rights, in which case Transporter's pre-granted abandonment authority shall apply to the remainder of the service.