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. 95 Original Sheet No. 95 : Effective
GENERAL TERMS AND CONDITIONS
25. RIGHT OF FIRST REFUSAL (Continued)
25.2 Exercise of Right of First Refusal. Continued
capacity holder, who may elect, within ten (10)
Business Days or such greater time as Total Peaking
may specify, to execute a renewal LSV or LNG
Agreement upon the same terms. In determining which
bid for the capacity is the highest, Total Peaking
will use the present value formula set forth in
Section 18.1 of the General Terms and Conditions of
Total Peaking's currently effective tariff.
(c) If the current capacity holder does not elect to
match the terms of such highest bid, its LSV or LNG
Agreement will expire at the conclusion of its term
and Total Peaking will be deemed to have all
necessary abandonment authorization under the NGA
with respect to such service. Total Peaking may
enter into a new LSV or LNG Agreement with the
qualified successor customer who submitted the
(d) Total Peaking shall retain the right to require a
minimum rate, which shall be market-based, for bids
during any such open season.
25.3 Continuation of Service. If during the open season, Total
Peaking receives no bids or rejects all bids, Total Peaking and
the current capacity holder may negotiate for continuation of
service under mutually satisfactory rates, terms, and conditions.
26. MARKETING AFFILIATE RULE COMPLIANCE PROCEDURES
26.1 Uniform Application. All terms and conditions contained in this
tariff shall be applied in a uniform and nondiscriminatory manner
without regard to affiliation of any entity to Total Peaking.
26.2 Comparability of Service. Total Peaking shall provide service
under rate schedules LSV, LNG, LNG-I, and LSV-I on a basis that
is equal in quality for all gas liquefied, stored, vaporized
and/or delivered under those rate schedules, regardless of the
identity of the Customer.