Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 02/01/2009, Docket: RP09-160-000, Status: Effective

Third Revised Sheet No. 23 Third Revised Sheet No. 23

Superseding: Second Revised Sheet No. 23

 

FSS RATE SCHEDULE

FIRM STORAGE SERVICE

(Continued)

 

capacity, withdrawals and/or injections will be allocated according to the priority of service

as set forth in Section 5 of the General Terms and Conditions of this FERC Gas Tariff.

 

8. RIGHT OF FIRST REFUSAL

 

8.1 (a) Contractual Right of First Refusal at End of Contract Term. Egan Hub may

discontinue service to Customer at the end of a primary term of a Firm Storage Service

Agreement with a primary term begin date on or after August 25, 2006, unless (i) Egan Hub and

Customer mutually agree to a contractual right of first refusal, which was negotiated on a not

unduly discriminatory basis, and (ii) Customer exercises its contractual right of first refusal

for the capacity covered by the Firm Storage Service Agreement by matching the terms offered to

Egan Hub during an open season conducted pursuant to Section 3.8 of the General Terms and

Conditions of this FERC Gas Tariff, for such capacity by any Qualified Prospective Successor

Customer.

 

(b) Regulatory Right of First Refusal. A regulatory right of first refusal

shall be available on a one-time basis to Customers holding a Long Term FSS Agreement with a

primary term begin date prior to August 25, 2006. Egan Hub may discontinue service to such

Customer at the end of such primary term unless Customer exercises its right of first refusal

for the capacity covered by such Long Term FSS Agreement by matching the terms offered to Egan

Hub during an open season conducted pursuant to Section 3.8 of the General Terms and Conditions

of this FERC Gas Tariff for such capacity by any Qualified Prospective Successor Customer.

 

(c) A "Long Term FSS Agreement," as that term is used in this Section 8, is a

Firm Storage Service Agreement having a primary term of one (1) year or more. A "Qualified

Prospective Successor Customer," as that term is used in this Section 8, is a prospective

successor customer that meets the creditworthiness criteria set forth in Section 3.4 of the

General Terms and Conditions of this FERC Gas Tariff.

 

8.2 Exercise of Right of First Refusal.

 

(a) Not less than three (3) Months prior to the termination or expiration of a

Long Term FSS Agreement subject to a negotiated right of first refusal or, if applicable, the

regulatory right of first refusal, an open season will be held for the purpose of awarding the

capacity that is to become available upon termination or expiration of such Long Term FSS

Agreement. This open season will be conducted pursuant to the terms and conditions set forth

in Section 3.8 of the General Terms and Conditions of this FERC Gas Tariff.

 

(b) Bids from Qualified Prospective Successor Customers who desire the capacity

to be made available upon the expiration or termination of such Long Term FSS Agreement must be

submitted to Egan Hub no later than thirty (30) days after commencement of the open season.

Upon expiration of the open season, Egan Hub will select the highest acceptable bid received

from a