Southern LNG Inc.
Original Volume No. 1
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Effective Date: 11/19/2007, Docket: RP08- 25-000, Status: Effective
First Revised Sheet No. 73 First Revised Sheet No. 73 : Effective
Superseding: Original Sheet No. 73
GENERAL TERMS AND CONDITIONS
(Continued)
15. PREGRANTED ABANDONMENT OF LONG-TERM, FIRM SERVICE AGREEMENTS
The following provisions shall apply to all firm Service Agreements having a primary term of twelve
(12) consecutive months or more and a rate of the maximum rate eligible for the applicable service.
These provisions shall not apply to any firm Service Agreements which have a discounted or negotiated
rate as described in Section 25 of these General Terms and Conditions unless Southern LNG and Customer
mutually agree under the terms of the negotiated rate or discount exhibit that the rights hereunder
shall accrue to Customer. No later than thirty-six (36) months prior to the effective termination date
of Customer's firm Service Agreement, whether such date is specified in the Service Agreement or in
Southern LNG's notice of termination as allowed by such Service Agreement, Southern LNG shall post on
SoNet the capacity which will be available upon the termination of Customer's firm Service Agreement.
Each bidder for Customer's firm capacity, or any part thereof, must submit its bid to Southern LNG in
writing or through SoNet (with the appropriate service request form and any required prepayment under
Southern LNG's FERC Gas Tariff applicable to the service, unless already on file with Southern LNG)
within the time specified by Southern LNG on SoNet. Each bid shall contain the term for which the
capacity is sought and the percentage of the maximum rate in effect during said term, which the bidder
is willing to pay for the capacity. If Southern LNG receives more than one bid for Customer's
capacity, and it does not reject all bids as provided below, it will choose the bid, or combination of
bids, that generates the most revenue on a net present value basis ("best bid"); provided, however,
that Southern LNG reserves the right to reject any bid which is for less than one-hundred percent
(100%) of the maximum rate applicable to Customer's firm service. Southern LNG will determine net
present value by multiplying the rate bid by the volume bid discounted to present value based on the
currently effective interest rates issued by the Commission pursuant to its Part 154 Regulations (18
C.F.R. pt. 154).
Southern LNG will notify Customer of the best bid received in an arm's length transaction that Southern
LNG is willing to accept, and Customer shall have a specified time of no less than fifteen (15) days
within which it must match the price, quantity, and contract term (not to exceed the applicable term
matching cap, if any) offered in the best bid in order to retain its firm capacity; provided, however,
in the event the bidder bids a negotiated rate higher than the effective maximum rate, SHIPPER shall
only be required to match the bid at the maximum rate applicable to the service in order to retain its
capacity. If Customer matches the best bid, then Southern LNG and Customer will enter into a new firm
Service Agreement reflecting the terms of Customer's matching bid. If Customer fails to match the best
bid within the time allowed by Southern LNG, then Customer's existing firm Service Agreement will be
subject to pregranted abandonment upon the effective termination date of Customer's Service Agreement,
and Southern LNG will enter into a new firm Service Agreement of even date with the party or parties
offering the best bid.