Saltville Gas Storage Company L.L.C.
Original Volume No. 1
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Effective Date: 02/07/2008, Docket: RP08-156-000, Status: Effective
Second Revised Sheet No. 34 Second Revised Sheet No. 34 : Effective
Superseding: First Revised Sheet No. 34
FSS RATE SCHEDULE
FIRM STORAGE SERVICE
(Continued)
8. RIGHT OF FIRST REFUSAL
8.1 Right of First Refusal at End of Contract Term. Saltville may
discontinue service to a Customer at the end of the primary term
or any renewed term of the Customer's Firm Storage Service
Agreement ("FSS Agreement") unless (i) the Customer exercises any
applicable renewal right in the Firm Storage Service Agreement; or
(ii) in the case of a Long Term FSS Agreement, the Customer
exercises its right of first refusal for all or a volumetric
portion of the capacity covered by the FSS Agreement by matching
the terms offered to Saltville during an open season, conducted
pursuant to Section 3 of the General Terms and Conditions of
Saltville's currently effective FERC Gas Tariff, for such capacity
by any qualified prospective successor customer. A "Long Term FSS
Agreement," as that term is used in this Section 8, is an FSS
Agreement that (i) requires the payment of the maximum applicable
tariff rate with a primary term of at least twelve (12) Months of
consecutive service, or (ii) requires the payment of the Maximum
Recourse Rate with a primary term of more than one (1) year for
service which is not available for twelve (12) consecutive Months,
unless otherwise provided for in the Commission's regulations.
Service agreements which include negotiated rates and/or
discounted rates shall not be eligible for the right of first
refusal. A prospective successor customer is "qualified", within
the meaning of this Section 8, if such prospective successor
customer meets the creditworthiness criteria set forth in Section
3 of the General Terms and Conditions of Saltville's currently
effective FERC Gas Tariff.
8.2 Exercise of Right of First Refusal.
(a) Not less than twelve (12) months prior to the termination or
expiration of a Long Term FSS Agreement, an open season will
be held for the purpose of awarding the capacity that is to
become available upon the Long Term FSS Agreement's
termination or expiration. This open season will be
conducted pursuant to Section 3 of the General Terms and
Conditions of Saltville's currently effective FERC Gas
Tariff.
(b) Bids from qualified successor customers who desire, in whole
or in part, the capacity to be made available upon the
expiration or termination of the Long Term FSS Agreement
must be received by Saltville no later than six (6) months
before the effective date of the expiration or termination
of the Long Term FSS Agreement. Upon expiration of the open
season, Saltville will select the highest acceptable bid
received from a qualified successor customer and communicate
the terms of the highest acceptable bid, including, if
applicable, whether the highest bid is for a higher priority
service, to the current capacity holder, who may elect,
within ten (10) Business Days or such greater time as
Saltville may specify, to execute a renewal Firm Storage
Service Agreement upon the same terms for the same or less
volumetric portion of capacity made available in the open
season. In determining which bid for the capacity is the
highest, Saltville will use the present value formula set
forth in Section 3 of the General Terms and Conditions of
Saltville's currently effective FERC Gas Tariff.