Equitrans, L. P.

Original Volume No. 1

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Effective Date: 08/01/2005, Docket: RP05-164-000, Status: Effective

Third Revised Sheet No. 267 Third Revised Sheet No. 267 : Effective

Superseding: Second Revised Sheet No. 267

GENERAL TERMS AND CONDITIONS (Continued)

 

21. PREGRANTED ABANDONMENT

 

21.1 Short Term and Interruptible Agreements. A Customer receiving

service under a firm Service Agreement having a primary term

of less than one year ("short term firm Service Agreement"),

under an AGS Service Agreement, or under an interruptible Service

Agreement retains no right to continued service after the

termination of such Agreement. Upon termination of a short term,

AGS, or interruptible Service Agreement, Equitrans shall have all

necessary abandonment authorization under the Natural Gas Act as of

such termination date, and shall not be required to seek

case-specific authorization prior to abandoning service.

 

21.2 Contract Storage Agreements. Service Agreements for contract

storage service under Equitrans' Rate Schedule SS-3 are not

subject to pregranted abandonment under this Section 21 and

may only be abandoned upon receipt of FERC abandonment

approval under Section 7(b) of the Natural Gas Act. Subject

to Commission approval, all Rate Schedule SS-3 Customers shall

have the unilateral right to abandon their Rate Schedule SS-3

storage entitlements by conversion of such services to Part 284

service under Rate Schedule 115SS.

 

21.3 Long Term Agreements -- Right of First Refusal. Service

agreements which have a primary term of 1 year or more and

which contain rollover or evergreen provisions are not subject

to pre-granted abandonment under this Section 21. A Customer

receiving service under a Service Agreement having a primary

term of one year or more ("long term Service Agreement") or a

multi-year seasonal agreement, neither of which contains a rollover

provision may avoid pregranted abandonment of service in connection

with the termination of its Service Agreement and continue to

receive service by matching the rate and contract term bid by a

competing Customer in accordance with the procedures described

below. If the Customer does not satisfy the bid matching

requirements of this Section, Customer shall no longer have

a right to continued service as of the effective date of

Equitrans' notice of termination. If no other bids are

received and the Customer does not agree to pay the maximum

rate, and Equitrans and the Customer do not otherwise agree on

the continuation of service, then Customer shall no longer

have a right to continued service as of the effective date of

Equitrans' notice of termination. In the event of

termination, Equitrans shall have all necessary abandonment

authorization under the Natural Gas Act. However, a Customer

agreeing to pay the maximum rate is entitled to continue

service for whatever term it chooses.