East Tennessee Natural Gas Company
Second Revised Volume No. 1
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Effective Date: 10/01/2000, Docket: RP00-534-000, Status: Effective
Original Sheet No. 115A Original Sheet No. 115A : Superseded
GENERAL TERMS AND CONDITIONS (Continued)
(b) The right of first refusal shall be applicable only to (i)
firm service agreements requiring the payment of the maximum
applicable tariff rate with a primary term of at least
twelve (12) months of consecutive service, or (ii) firm
service agreements requiring the payment of the maximum
applicable tariff rate with a primary term of more than one
(1) year for service which is not available for twelve (12)
consecutive months. Service agreements which include
negotiated rates and/or discounted rates shall not be
eligible for the right of first refusal, with the exception
that any service agreement executed prior to October 1,
2000, shall be granted a one-time exemption and the right of
first refusal provisions described in this section shall
apply; provided, however, that the right of first refusal
shall be applicable to a service agreement entered into or
re-executed to supersede a contract grandfathered under the
prior provision only if the new service agreement meets the
requirements of (i) and (ii) above.
If Shipper elects to exercise its right of first refusal and
has so notified Transporter of that election in accord with
the provisions of the applicable service agreement, then the
following procedures will apply:
(1) Transporter shall post the capacity for bidding on
PASSKEY 180 days prior to the termination of the
service agreement. The capacity will remain posted on
PASSKEY for a minimum of 20 days with such posting
containing the following information with respect to
the capacity:
(i) daily and other applicable quantity limitations
of capacity available;
(ii) primary receipt and delivery points;