Black Marlin Pipeline Company
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 07/01/2003, Docket: RP03-472-000, Status: Effective
Fifth Revised Sheet No. 217 Fifth Revised Sheet No. 217 : Effective
Superseding: Fourth Revised Sheet No. 217
GENERAL TERMS AND CONDITIONS
15. SERVICE AGREEMENT
15.1 Form: Shipper shall enter into a contract with Transporter under Transporter's
appropriate standard form of Service Agreement.
15.2 Term: The Primary term of the Service Agreement shall be agreed upon between
Shipper and Transporter at the time of the execution thereof.
15.3 Right of First Refusal:
For contracts at the maximum tariff rates and having a term of twelve consecutive months
or longer, upon expiration of the Primary term (and after expiration of any rollover
period), the Shipper will be entitled to continue service by matching the rate (not to
exceed the effective maximum rate) and term offered by another party. This right of first
refusal will be used as follows:
1. Transporter shall post capacity available for bids on its Internet web site at
least twelve (12) months prior to the expiration of the Service Agreement.
Potential Shippers shall have six (6) months to provide bona fide offers for the
2. After the six-month bidding period, Transporter will provide Shipper with any bid
deemed acceptable to Transporter. Transporter shall not be obligated to accept
bids at less than the established maximum rate or bids from uncreditworthy
Shippers. If no acceptable bids are received, Transporter and Shipper will
negotiate a new term of service at the established maximum rate. Failure to
exercise right of first refusal or to reach a new agreement will result in
automatic abandonment of the Service Agreement.
3. If Shipper elects to match the rate and term of the bid, Shipper's Service
Agreement will be amended accordingly. Shipper shall notify Transporter of such
election within thirty (30) days of Transporter's presentation of an acceptable
Shipper, unless otherwise agreed upon, shall deliver or cause to be delivered gas to
Transporter at the Point of Receipt at the existing operating pressure of Transporter's
pipeline which shall vary from time to time but which shall not exceed eleven hundred
(1100) psig. Transporter, unless otherwise agreed upon, shall delivery gas to Shipper or
Shipper's designee, at the Point of Delivery at the existing operating pressure of
Transporter's pipeline which shall vary from time to time but shall not be less than four
hundred fifty (450) psig.