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: