Steckman Ridge, LP

Original Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective

Original Sheet No. 36 Original Sheet No. 36

 

FSS RATE SCHEDULE

FIRM STORAGE SERVICE

(Continued)

 

8. CONTRACTUAL RIGHT OF FIRST REFUSAL (continued)

 

(c) If Customer does not elect to match the terms of such

highest acceptable bid or Customer and Steckman Ridge do not

agree on terms of service pursuant to Section 8.3 below,

then its Firm Storage Service Agreement will expire at the

conclusion of its term and Steckman Ridge will be deemed to

have all necessary abandonment authorization under the

Natural Gas Act with respect to such service. Steckman

Ridge may enter into a new Firm Storage Service Agreement

with the Qualified Successor Customer who submitted the

highest acceptable bid.

 

(d) Steckman Ridge shall retain the right to require a minimum

rate, which shall be market-based, for bids during any such

open season.

 

8.3 If during the open season, Steckman Ridge receives no bids or

rejects all bids, Steckman Ridge will post the capacity as

unsubscribed capacity and Steckman Ridge and Customer may

negotiate for continuation of service under mutually satisfactory

rates, terms, and conditions. During such negotiations with

Customer, Steckman Ridge may also enter into negotiations with

other potential Customers for service to commence upon the

effective date of the termination of Customer's Firm Storage

Service Agreement. In no event, however, may Customer retain

capacity subject to the right of first refusal at a rate lower

than the highest rate contained in a bid, if any, that was

submitted for such capacity by a Qualified Successor Customer

during the open season but rejected pursuant to Section 3.8(c)(ii)

of the General Terms and Conditions of this FERC Gas Tariff.