Arlington Storage Company, LLC
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 11/08/2009, Docket: RP10-67-000, Status: Effective
Original Sheet No. 22A Original Sheet No. 22A
FSS RATE SCHEDULE
FIRM STORAGE SERVICE
(Continued)
5. TERM AND RIGHT OF FIRST REFUSAL
5.1 The term for service under this Rate Schedule shall be as set forth in the executed
Firm Storage Service Agreement.
5.2 Any Customer with a Firm Storage Service Agreement having a term of five (5) years or
more 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, provided that Customer notifies ASC in writing twelve (12) months prior to the
expiration of the Agreement of its intent to continue service under the Agreement, and
matches the 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 evaluation purposes) for such capacity as
determined in accordance with the Bid Evaluation Procedures under Section 3.1(b) of the
General Terms and Conditions, provided that ASC shall not be obligated to enter into an
extension of any Agreement or continue service at any rate that does not yield an
acceptable return to ASC, nor shall ASC 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 3.3(g) of the General Terms and
Conditions.
After Customer has notified ASC of its intent to continue service, the capacity available
under Customer's Agreement will be posted on ASC’s Internet website for bid in accordance
with the open season procedures set forth in Section 3.1(b)-(d) of the General Terms and
Conditions. ASC will accept bids for this capacity from the time of posting up to and
including a date designated by ASC that is no more than eleven (11) months and no less than
two (2) months 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 determined by the Bid Evaluation Procedures in
accordance with Section 3.1(b) of the General Terms and Conditions. Customer will have
three (3) Business Days to notify ASC whether it will match the rate and term offered in the
best bid (term will be limited to five 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 a rate agreed
to by Customer and ASC.
6. AUTHORIZATION, RATES, TERMS AND CHANGES
6.1 The Firm Storage Service Agreement and the respective obligations of the parties
hereunder are subject to all valid laws, orders, rules and regulations of duly
constituted authorities having jurisdiction, and are conditioned upon the issuance,
by FERC, and any state or local governmental agency having jurisdiction, of requisite
authorization for ASC to provide the storage service contemplated hereby and to
construct and operate the facilities necessary to provide such service and for any
connected pipeline to transport Gas to/from the Point(s) of Receipt/Delivery necessary
to effect the service provided for herein.