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

(Continued)

 

 

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

highest bid.

 

(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.