Total Peaking Services, L. L. C.
Original Volume No. 1
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Effective Date: 04/01/1998, Docket: CP96-339-001, Status: Effective
Original Sheet No. 94 Original Sheet No. 94 : Effective
GENERAL TERMS AND CONDITIONS
25. RIGHT OF FIRST REFUSAL (Continued)
25.1 Right of First Refusal at End of Contract Term (Continued)
season, conducted pursuant to Section 3 of the General Terms and
Conditions of Total Peaking's currently effective tariff, for
such capacity by any qualified prospective successor customer.
A "long term LNG-1 Agreement," as that term is used in this
Section, is an LNG-1 Agreement having a primary term of one (1)
year or more. A prospective successor customer is "qualified,"
within the meaning of this section, if such prospective successor
customer meets the creditworthiness criteria set forth in Section
3 of the General Terms and Conditions of Total Peaking's
currently effective tariff.
25.2 Exercise of Right of First Refusal.
(a) Not less than twelve (12) months prior to the
termination or expiration of a long term LSV or LNG
Agreement, an open season will be held for the
purpose of awarding the capacity that is to become
available upon the long term LSV or LNG Agreement's
termination or expiration. This open season will be
conducted pursuant to the terms and conditions set
forth in Section 3 of the General Terms and
Conditions of Total Peaking's currently effective
(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 LSV or LNG Agreement must be received by
Total Peaking no later than six (6) months before
the effective date of the expiration or termination
of the long-term LSV or LNG Agreement. Upon
expiration of the open season, Total Peaking will
select the highest bid received from a qualified
successor customer and communicate the terms of the
highest bid, including, if applicable, whether the
highest bid is for a higher priority service, to the