GENERAL TERMS AND CONDITIONS

(continued)


 


 

4. ALLOCATION OF FIRM CAPACITY ENTITLEMENTS AND RIGHTS OF FIRST REFUSAL


 

4.1 Open Season for Generally Available Capacity


 

(a) Pipeline will allocate firm pipeline capacity in accordance

with this Section 4. To the extent Pipeline has available

unsubscribed capacity for which there are no pending

requests, Pipeline reserves the right, but shall not be

obligated, to reserve such capacity for open seasons to be

held within the next six (6) months for the purpose of

limiting or avoiding a future expansion.


 

(b) Subject to 4.1(a), whenever capacity for a period greater

than 92 days becomes available for subscription, Pipeline

will post notices on its Internet Web Site stating that

Pipeline will receive bids for the capacity in accordance

with this Section 4. In addition, Pipeline may post notices

on its Internet Web Site for the subscription of capacity

available for a period of 92 days or less, which shall also

be subject to the terms of this Section 4.


 

All postings for an open season will contain:


 

(1) the type of service that is available,

(2) the dates and duration that the service will be

available,

(3) the Receipt and Delivery Point(s) of the available

capacity and available capacity at each such point,

(4) any other information that Pipeline determines to be

relevant, and

(5) the first and last day of the open season.


 

4.2 Extension of Long Term Service Agreement and Right of First Refusal.

Before the expiration of the term of a Service Agreement and before

Pipeline posts the availability of capacity pursuant to the Right of

First Refusal provisions, if applicable, Pipeline and Shipper may

mutually agree to an extension of the term of the Service Agreement

(the exact length and rate of which is to be negotiated on a case-

by-case basis, in a not unduly discriminatory manner).