Dominion Transmission, Inc.

Third Revised Volume No. 1

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Effective Date: 05/27/2005, Docket: RP05- 51-001, Status: Effective

Sub Second Revised Sheet No. 1160 Sub Second Revised Sheet No. 1160 : Effective

Superseding: Sheet No. 1160

GENERAL TERMS AND CONDITIONS

Pregranted Abandonment and Right of First Refusal

 

24.2 Right of First Refusal (continued)

 

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

 

6. If no competing bidder submits an acceptable bid for all or part of the posted

capacity, Pipeline shall notify Customer that no acceptable bid was submitted

within five Business Days after the close of the bid period. Customer may exercise

its ROFR for all or a part of the capacity by notifying Pipeline, in writing, that

Customer agrees to continue to receive service under the current Rate Schedule and

to pay the effective maximum rates applicable to the service. If Customer retains

only a volumetric portion of its capacity, its rights shall be reduced in

accordance with Section 24.2.C above. Customer's notice to Pipeline must be made

within ten Business Days of the date when Customer receives Pipeline's notification

and shall also include the level of service and length of term that Customer

elects. If Customer does not agree to pay the effective maximum rates, and

Pipeline and Customer do not mutually agree upon a rate and term of service,

Pipeline shall follow the procedures of Section 43.7 with regard to any capacity

not contracted through the ROFR process. Within five 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 fifteen 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 24.2.B and, if applicable, GT&C Section 24.2.F.6, or to the applicable

deadline for Service Agreement execution set forth in GT&C Section 24.2.F.4 and F.6,

shall constitute an irrevocable waiver of Customer's ROFR.

 

H. Limitations

 

1. The ROFR rights described in this Section shall apply solely to the terms of the

expiring Service Agreement and shall not be expanded to include an increase in

MDDO, the addition of a new Primary Point of Receipt or Delivery, an increase of an

entitlement at any such point, or changes that would be considered requests for new

service under GT&C Section 11A.1.B.

 

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 maximum rate allowable under the applicable Rate

Schedule, except in the event and to the extent that Pipeline establishes a reserve

rate less than the applicable maximum rate for a posting pursuant to the terms of

GT&C Section 43.

 

3. 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 Service Agreement for an additional term to be negotiated on a case-by-case

basis.