Dominion South Pipeline Co., LP

Original Volume No. 1

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Effective Date: 12/16/2005, Docket: CP05- 77-001, Status: Effective

Original Sheet No. 1073 Original Sheet No. 1073 : Effective

 

 

GENERAL TERMS AND CONDITIONS

PREGRANTED ABANDONMENT AND RIGHT OF FIRST REFUSAL

 

25.2 Right of First Refusal (Cont.)

 

F. Posting and Bidding Procedures for ROFR Capacity (Cont.)

 

7. Within ten Business Days after receipt of such further notice from Customer,

Pipeline shall deliver an executable copy of a Service Agreement in the Form of

Service Agreement set forth in this Tariff to Customer containing the terms

described above. Within ten Business Days of receipt of such Service Agreement

from Pipeline, Customer shall execute the agreement and return a copy to Pipeline,

as directed.

 

G. Customer's failure to abide in a timely manner to the applicable notice requirements

of GT&C Section 25.2.B and, if applicable, GT&C Section 25.2.F.6, or to the applicable

deadline for Service Agreement execution set forth in GT&C Section 24.2.F.4 and F.7,

shall constitute an irrevocable waiver of Customer's ROFR.

 

H. Limitations

 

1. The ROFR provisions of this Section 25 are intended to permit Customer to continue

to receive service in substantially the same form as provided under the expiring

Service Agreement. The ROFR rights described in this Section shall apply solely to

the original terms of the expiring Service Agreement and shall not be expanded to

include changes that would be considered requests for new service under GT&C

Section 11.

 

a. If Customer's expired or terminated Service Agreement provided for service on a

seasonal basis then Pipeline shall not be required to provide transportation

service to Customer under a new Service Agreement executed pursuant to an

exercise of a ROFR on a year-round basis or for a different season.

 

b. If Customer's expired or terminated Service Agreement provided for year-round

service then Pipeline shall not be required to provide transportation service

to Customer under a new Service Agreement executed pursuant to an exercise of a

ROFR on a seasonal or less than continuous basis.

 

2. Notwithstanding anything to the contrary in this Tariff, Pipeline shall not be

obligated to accept any bid or execute any Service Agreement to provide service at

a rate that is less than the Recourse Rate.

 

3. Pipeline shall not be obligated to include an evergreen or rollover provision in

any new firm Service Agreement executed pursuant to GT&C Section 25.2.F.6.

 

4. Notwithstanding anything to the contrary in this Tariff, Pipeline may agree with

any Customer, on a not unduly discriminatory basis, to an extension of the term of

a long-term Service Agreement for an additional term to be negotiated on a case-

by-case basis.