Steuben Gas Storage Company
Original Volume No. 1
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Effective Date: 10/01/2002, Docket: RP02-429-000, Status: Effective
Fourth Revised Sheet No. 148 Fourth Revised Sheet No. 148 : Effective
Superseding: Third Revised Sheet No. 148
GENERAL TERMS AND CONDITIONS
(Continued)
(b) Right of First Refusal:
Any Customer or Replacement Customer with an FS Agreement paying
maximum rates and (1) having a term of twelve (12) consecutive
Months or more, or (2) a term for more than one year for a
service not available 12 consecutive Months and, upon twelve
(12) months written notice prior to the expiration of the
Agreement, may exercise a right to continue to receive service
under that Agreement for all or a portion of the firm capacity
under the Agreement at the expiration of the Agreement's term.
To continue service, Customer must agree to match the bona fide
best offer made by others for such capacity or portion thereof
by offering a rate and term of Agreement that produces an
equivalent or greater economic value (using a term not to exceed
five (5) years) for such capacity as defined in Section 10.1(a),
above, provided that Seller shall not be obligated to enter into
an extension of any Agreement or continue service at any rate
less than the rate contained in the expiring FS Agreement, nor
shall Seller be obligated to enter into an extension of any
Agreement or continue service to any Customer or Replacement
Customer who fails to meet the Creditworthiness requirements set
forth in Section 11.5 of these General Terms and Conditions.
After Customer has notified Seller of its intent to continue
service, the capacity available under customer's Agreement will
be posted on Seller's Internet Site for bid. Seller will accept
bids for this capacity from the time of posting up to and
including, but on later than, the forty fifth (45) day prior to
the date the existing Agreement is scheduled to expire. Within
five (5) business days of the date bidding ends, Seller will
notify Customer of the bid received having the greatest economic
value, as defined by Section 10.1(a) of this tariff. Customer
will have ten (10) business days to notify Seller whether it
will match the rate and term offered in the best bid (term will
be limited to five(5) years), and if so will execute a new
service Agreement matching the offer prior to the termination of
the existing Agreement.
If no bids are received, Customer may continue to receive
service under a new Agreement at its current agreed to rate, or
at a new rate agreed to by Customer and Seller.