Florida Gas Transmission Company, LLC
Fourth Revised Volume No. 1
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Effective Date: 05/04/2009, Docket: RP09-500-000, Status: Effective
First Revised Sheet No. 322 First Revised Sheet No. 322
Superseding: Original Sheet No. 322
GENERAL TERMS AND CONDITIONS
(continued)
term provisions; provided however, the Existing Shipper is only required to match the
rate up to the maximum tariff rate for the specific Rate Schedule the capacity is
subject to. An existing Shipper may reduce its contract quantity through the Right-
of-First Refusal process provided that such a reduction of contract quantity is either
by a uniform percentage reduction for each season or by the same absolute amount in
each season, in accordance with the Order issued on July 14, 2000 in Docket No. RP00-
212-000.
If the Existing Shipper fails to exercise the Right of First Refusal, or to notify
Transporter of the exercise or non-exercise of the Right of First Refusal within the
thirty (30) days specified in this Subsection 4, then upon the expiration of the
primary term or any rollover term, as applicable, the Service Agreement shall be
abandoned and automatically terminated.
5. A Shipper may cause this Right of First Refusal process to commence earlier than
twelve months prior to contract expiration by submitting a 30-day written notice to
Transporter to commence the process. However, this option shall not otherwise affect
Transporter's rights as set forth herein.
6. Following the thirty (30)-day period specified in Sections 20B.3 and 4 above, as
applicable, Transporter will post on its EBB the terms and conditions of each bid
received and the identity of the bidder, unless the bidder is not affiliated with
Transporter and such nonaffiliated bidder requests confidentiality for unaccepted
bids.
C. Option to Avoid Right of First Refusal
Shipper may, at its option, and only within the time periods specified below, elect to extinguish its
Right of First Refusal. The terms under which the Right of First Refusal may be extinguished are as
follows:
1. Within thirty (30) days after November 1, 1993, for FTS-1 Shippers and within ninety (90) days
from the date Rate Schedule FTS-2 becomes effective for FTS-2 Shippers, Shipper must notify
Transporter in writing of Shipper's decision to extinguish the Right of First Refusal. Within
thirty (30) days following receipt of Shipper's notice of the exercise of the right to extinguish,
Transporter will amend Shipper's existing contract to provide for a ten (10)-year rollover
provision exercisable at the unilateral option of Shipper with the rate for any such rollover term
of the maximum rate applicable to such capacity. Such Shipper's notification shall specify
whether the ten (10)-year rollover is to be exercised at the end of Shipper's primary term or at
the end of an existing unilateral rollover provision in Shipper's Service Agreement. Such ten
(10)-year rollover shall supersede any other rollover right of Shipper.
2. The addition of the Rollover provision shall provide Shipper and Transporter with the following
rights and obligations: