Kentucky West Virginia Gas Company
Third Revised Volume No. 1
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Effective Date: 06/01/1997, Docket: RP97-104-001, Status: Effective
First Revised Sheet No. 140 First Revised Sheet No. 140 : Superseded
Superseding: Original Sheet No. 140
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 pregranted 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
communications system and EDI, 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.