Discovery Gas Transmission LLC
Original Volume No. 1
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Effective Date: 09/01/2000, Docket: RP00-423-001, Status: Effective
First Revised Sheet No. 167 First Revised Sheet No. 167 : Effective
Superseding: Original Sheet No. 167
12. PREGRANTED ABANDONMENT AND RIGHT OF FIRST REFUSAL
12.1 PREGRANTED ABANDONMENT - Transporter's obligation to
provide services to Shipper under any Effective Service
Agreement will expire and such service will be
automatically abandoned at the end of the term specified
in such Service Agreement, unless the Service Agreement
is subject to a right of first refusal.
12.2 APPLICABILITY OF RIGHT OF FIRST REFUSAL -
A shipper receiving Firm Transportation service under an
Effective FT-1 Service Agreement may exercise its right
of first refusal in order to retain firm transportation
service at the expiration of the primary term under the
following conditions: (a) the Effective Service Agreement
is at the maximum tariff rate and for a term of twelve
(12) or more Months of consecutive service, or (b) the
Effective Service Agreement was entered into prior to
February 9, 2000, at less than the maximum tariff rate
for a term of one (1) Year or more, or (c) the Effective
Service Agreement is at a Negotiated Rate and was entered
into prior to February 9, 2000, for a term of one (1)
Year or more. The right of first refusal will not apply
to Firm Service Agreements at a discounted rate or
Negotiated Rate, or with a term of less than twelve (12)
consecutive Months of service, during any extension or
roll-over term unless the Service Agreement is re-
executed at the maximum tariff rate.
Any Shipper receiving Firm Transportation service under
an Effective FT-2 Service Agreement may retain Firm
service under an FT-1 Service Agreement by exercising its
right of first refusal with respect to the quantity of
Gas by which its FT-2 Service Agreement has been reduced
for each Contract Year, subject to the same conditions
set forth herein with respect to shippers receiving Firm
Transportation under FT-1 Service Agreements.