Keyspan LNG, LP (Alng)
Third Revised Volume No. 1
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Effective Date: 01/27/2003, Docket: RP03-241-000, Status: Effective
Original Sheet No. 54 Original Sheet No. 54 : Effective
GENERAL TERMS AND CONDITIONS
(continued)
13. PROCEDURES FOR AVOIDANCE OF PREGRANTED ABANDONMENT (continued)
retain its capacity and continue to receive service under a firm
service agreement with a primary term of one year or more ("long-term
firm service agreement") for which KLNG has served notice of
termination ("right of first refusal"). The right of first refusal
shall be applicable only to (i) firm service agreements requiring the
payment of the maximum applicable tariff rate with a primary term of
at least twelve (12) months of consecutive service, or (ii) firm
service agreements requiring the payment of the maximum applicable
tariff rate with a primary term of more than one (1) year for service
which is not available for twelve (12) consecutive months ("seasonal
contracts"). Service agreements which include negotiated rates
and/or discounted rates shall not be eligible for the right of first
refusal, with the exception that any service agreement in effect on
September 1, 2000, shall be granted a one-time exemption and the
right of first refusal provisions described in this section shall
apply; provided, however, that the right of first refusal shall be
applicable to a service agreement entered into or re-executed to
supersede a contract grandfathered under the prior provision only if
the new service agreement meets the requirements of (i) and (ii)
above. If Customer does not satisfy the bid matching requirements of
this Section 13 or KLNG and Customer do not reach agreement as
contemplated by Section 13.9, Customer shall no longer have, as of
the termination date of the contract, rights under the long-term firm
service agreement for which KLNG has served notice of termination,
and KLNG shall have all necessary abandonment authorization under the
Natural Gas Act except as provided in Section 13.9 below. Customer
is not entitled to retain a right to service following a termination
by the Customer of its long-term firm service agreement, and KLNG
shall have all necessary abandonment authorization under the Natural
Gas Act with respect to such service.
13.4 Notice and Posting. Within thirty days of the issuance by KLNG of a
notice of termination of a long-term firm service agreement in
accordance with the applicable service agreement, KLNG shall post on
its Internet Web site the following information:
(a) the specific quantity available under the terminated contract,
(b) the date of expiration, and
(c) the current maximum rate applicable to the terminated service.
13.5 Submission of Bids. Bids from Customers who desire service to be
provided in whole or in party by the capacity to be made available
upon termination of a long-term firm service agreement ("Potential
Customers") must be received by KLNG no later than sixty days before
the effective date of the termination of the service agreement
noticed pursuant to Section 13.4. A bid shall be considered to be an
offer to enter into a service agreement that remains open until