Scg Pipeline Inc.
Original Volume No. 1
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Effective Date: 11/01/2003, Docket: RP03-611-000, Status: Effective
Original Sheet No.64 Original Sheet No.64 : Superseded
GENERAL TERMS AND CONDITIONS
(continued)
Right of First Refusal: If Pipeline provides written notice to Shipper to
terminate any firm Service Agreement with a primary term of twelve consecutive
months or more at the maximum tariff rate, Shipper will have a right of first
refusal to retain such firm capacity by complying with the bidding procedures
in this Section 4 of the GT&Cs. If Shipper or a competing bidder does not
retain or acquire such firm capacity during the right of first refusal bidding
process, such firm capacity will be allocated under GT&Cs Section 4.1(b). A
right of first refusal does not attach to: (i) a Shipper under a firm Service
Agreement which provides written notice to Pipeline to terminate such firm
Service Agreement; (ii) any Short Term Service Agreement; (iii) an
interruptible Service Agreement; or (iv) Service Agreement with a negotiated
rate pursuant to GT&Cs Section 27. Pipeline shall post on its Internet Web
Site notice of expiration of Long Term Service Agreements 3O months prior to
expiration of the Service Agreement. Provided however, if the term of the
Service Agreement is less than 30 months, the Pipeline shall post notice of
termination upon execution of the Service Agreement. Unless Shipper then
within six months gives written notice to Pipeline to terminate the Service
Agreement or to request a lesser extension term, the Service Agreement will
automatically extend upon the expiration of the primary term for a term of
five years. If a Shipper gives written notice to extend its Long Term Service
Agreement, or any portion of its contract quantity thereunder, for less than
the 5-year automatic extension period, then Pipeline, at its option and in a
manner, which is not unduly discriminatory, may accept Shipper’s requested
extension period. Alternatively, Pipeline will make the capacity under such
agreement available in accordance with the right of first refusal open season
procedures of this Section 4.
(a) Pipeline shall post the capacity for bidding on its Internet Web Site no
later than 180 days prior to the expiration of the current Service Agreement.
Pipeline shall provide 30 days prior written notice to Shipper of the date the
capacity will be posted. The capacity will remain posted on the Pipeline's
Internet Web Site for a minimum of 20 days with such posting containing the
information set forth in Section 4.1(b).