Venice Gathering System, L. L. C.
Original Volume No. 1
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Effective Date: 09/13/2000, Docket: RP00-541-001, Status: Effective
Substitute First Revised Sheet No. 152 Substitute First Revised Sheet No. 152 : Effective
Superseding: Original Sheet No. 152
GENERAL TERMS AND CONDITIONS
(Continued)
14.4 Right of First Refusal
For Firm Service Agreements made effective on or after March
27, 2000, the right of first refusal is only applicable to
contracts that have a term of one year or greater that are at the
maximum tariff rate. Firm Service Agreements executed prior to
March 27, 2000 that have a term of one year or greater will
include a right of first refusal even if they are at a discount
from the maximum tariff rate.
If the right of first refusal applies, VGS will
notify an existing Shipper of the best bid, if any, received
that VGS is willing to accept. Shipper must provide VGS
written notification, which may be transmitted by fax or
other similar electronic means, that it intends to exercise
its right of first refusal. Shipper shall have a specified
time, but not less than five (5) business days, within which
Shipper must match the best bid. In order to match the best
bid, Shipper must agree to pay a rate up to the maximum
rate, for an agreement term, not to exceed five (5) years,
that will provide VGS at least the same net present value.
If Shipper matches the best bid, VGS and Shipper will enter
into a new Firm Service Agreement, or modify the existing
Service Agreement, reflecting the terms of the best bid. If
Shipper fails to match the best bid within the time allowed
by VGS, Shipper's existing Firm Service Agreement will be
abandoned upon the termination of the Firm Service Agreement
and VGS will enter into a new Firm Service Agreement with
the Shipper(s) offering the best acceptable bid. The
highest rate that Shipper must match through the bidding
process if it wishes to continue such service is the Maximum
Rate.
14.5 Negotiated Rate
Shippers requesting service at a Negotiated Rate that
exceeds the Maximum Rate will be considered to be paying the
Maximum Rate for purposes of determining the economic value
of request(s) for service rights.