Kentucky West Virginia Gas Company
Third Revised Volume No. 1
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Effective Date: 07/01/1993, Docket: RS92- 18-002, Status: Effective
Original Sheet No. 44 Original Sheet No. 44 : Superseded
GENERAL TERMS AND CONDITIONS (Continued)
24. PREGRANTED ABANDONMENT
24.1 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") or under an interruptible service agreement
retains no right to continued service after the termination of
such agreement. Upon termination of a short term or interruptible
service agreement, Pipeline 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.
24.2 Long Term Agreements -- Right of First Refusal
Service agreements which have a primary term of one year or more
and which contain a rollover or evergreen provision are not
subject to pre-granted abandonment under this Section 24.
A customer receiving service under a firm service agreement having
a primary term of one year or more ("long term firm service
agreement") which does not contain 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 Pipeline's notice of
termination. If no other bids are received and the customer does
not agree to pay the maximum rate, and Pipeline and the Customer
do not otherwise agree on the continuation of service, then the
customer shall no longer have a right to continued service as of
the effective date of Pipeline's notice of termination. In the
event of termination, Pipeline shall have all necessary
abandonment authorization under the Natural Gas Act. However, a
customer agreeing to pay the maximum rate is entitled to continued
service for whatever term it chooses.
24.3 Notice and Posting
At least sixty (60) business days prior to the expiration of a
long term firm service agreement, Pipeline will serve on the
affected customer a notice of termination advising the customer of
the pending termination of its agreement and of the customer's
right to retain its service entitlement by matching the rate and
contract term bid by a competing customer. At the same time,
Pipeline will post the available capacity on its electronic
bulletin board, including the quantity available, receipt and
delivery points and maximum applicable rate. The notice will
remain posted for thirty (30) days until the end of the bidding
period.