Columbia Gulf Transmission Company

Second Revised Volume No. 1

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Effective Date: 11/26/2008, Docket: RP09-33-000, Status: Effective

Fifth Revised Sheet No. 145A Fifth Revised Sheet No. 145A

Superseding: Third Revised Sheet No. 145A

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

(d) Termination of Other Long-Term Service Agreements.

 

(1) If a long-term Service Agreement is not continued by its own terms or by reason of

the Shipper's exercise of its right of first refusal, such long-term Service Agreement shall be

subject to pregranted abandonment unless otherwise specified in the Service Agreement and shall

terminate as specified therein and Transporter shall have no further obligation to Shipper.

 

(2) Early Termination of Service Agreements. Transporter may, in a not unduly

discriminatory manner agree with Shipper to terminate its Recourse rate, discounted rate or negotiated

rate long-term Service Agreement prior to its expiration date. The situations in which Transporter

may agree to terminate such a Service Agreement include, without limitation, the following:

 

(i) where Shipper responds to a solicitation for capacity release offers in a

reverse open season for capacity requiring the construction of new facilities and the conditions set

forth in the solicitation have been satisfied;

 

(ii) where Shipper agrees to pay an exit fee that is sufficient, taking into

account the remaining term of the Service Agreement and the value and liquidity of the capacity

subscribed under the Service Agreement being terminated or reduced, to make the termination or

reduction financially beneficial to Transporter, in Transporter's reasonable judgment. Transporter

may waive the exit fee where Shipper's Service Agreement provides for a discounted rate and

Transporter concludes that the capacity subscribed there under would be sold at a higher rate for the

full remaining term of the Service Agreement.

 

An agreement to terminate a Service Agreement hereunder shall not constitute a material deviation from

the applicable form of Service Agreement.

 

4.2 Auctions of Capacity that Becomes Available. As capacity becomes available on Transporter's system

for firm services under the circumstances set forth in Section 4.1 above or otherwise, such capacity shall be

made available for bidding provided that it is not previously committed and capacity remains available.

 

(a) EBB Posting Procedure. Capacity that becomes or will become available will be posted by

Transporter on its EBB for at least the following periods:

 

(1) five business days for firm capacity that will be available for a term of twelve

months or longer;

 

(2) three business days for firm capacity that will be available for a term of at least

five but less than twelve months; and

 

(3) one hour ending at 9:00 a.m. (C.T.) for firm capacity that will be available for a

term of less than five months.

 

Transporter's posting shall include the following information regarding the available

capacity: (i) the daily and other applicable quantity of service available from each receipt point to

each market area; (ii) the Recourse Rate as set forth in this Tariff; (iii) any applicable

restrictions; (iv) whether the capacity is subject to an existing right of first refusal; (v) any

minimum price or other terms applicable to the capacity; and (vi) the date when bids are due to