Florida Gas Transmission Company, LLC

Fourth Revised Volume No. 1

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Effective Date: 07/12/2010, Docket: RP10-842-000, Status: Effective

Second Revised Sheet No. 318 Second Revised Sheet No. 318

Superseding: First Revised Sheet No. 318

 

GENERAL TERMS AND CONDITIONS

(continued)

 

 

20. CONTRACT ABANDONMENT, ROLLOVER, EXTENSION AND RIGHT OF FIRST REFUSAL (ROFR)

 

A. Pre-Granted Abandonment

 

1. Subject to the provisions in Section (2) or (3) below,

service shall expire and shall automatically be abandoned

upon contract termination under (i) any firm transportation

service agreement with a primary term of less than one (1)

year, and (ii) any interruptible transportation agreement

regardless of term. Termination and abandonment of any firm

transportation service agreement with a term of one (1) year

or longer shall be governed by the provisions of Sections

20B and C.

 

2. Contract Rollover

 

The term of service under any firm transportation service

agreement existing as of November 2, 1992 may be extended

pursuant to the provision of any unilateral rollover

provision contained in the service agreement as of that

date. For purposes hereof, "unilateral rollover provision"

shall mean those provisions giving Shipper the unilateral

right to extend the service agreement and such term shall

not mean any provision which requires both parties to agree

to an extension nor a provision which gives Transporter the

right to terminate the Service Agreement.

 

Shipper and Transporter may, by mutual agreement, include a

rollover provision in a firm transportation service

agreement subsequent to November 2, 1992 in a form

different from that set out in Subsection 20C. However,

Transporter is not obligated to offer or agree to any

rollover provisions, other than as set out in Section 20C.

To the extent that Transporter offers or agrees to any such

provision, it must do so on a not unduly discriminatory

basis.

 

3. Contract Extension

 

Prior to the expiration of the term of a firm transportation

service agreement, Transporter and Shipper may mutually

agree to renegotiate the terms of such service agreement in

exchange for Shipper's agreement to extend the use of at

least a part of its existing service under a restructured

agreement. Such restructured agreement shall be negotiated

on a case-by-case basis in a not unduly discriminatory

manner. If a service agreement has a Right of First

Refusal, the agreement to extend must be reached prior to

Transporter's posting the capacity for bidding pursuant to

Section 20.B.1.