Cove Point LNG Limited Partnership
Second Revised Volume No. 1
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Effective Date: 02/01/2001, Docket: RP01-177-000, Status: Effective
First Revised Sheet No. 112 First Revised Sheet No. 112 : Effective
Superseding: Original Sheet No. 112
GENERAL TERMS AND CONDITIONS
(Continued)
4. BIDDING FOR AVAILABLE FIRM SERVICE (Continued)
(g) (ii) If Operator receives an offer for all or a portion of the service rights under
Buyer's long-term Service Agreement, Operator, within five (5) days after the
last day for receiving offers, shall notify Buyer through the EBB of the offer
having the greatest economic value to Operator. For purposes of comparing the
respective values of offers under this section, Operator shall evaluate all
bids in accordance with the criteria set forth above. If Buyer elects to match
the offer, Buyer shall notify Operator of such election through the EBB within
fifteen (15) days after receiving Operator's notice and shall execute a new
Service Agreement matching the offer prior to the termination of the existing
long-term Service Agreement. If no offers are received, Buyer may continue to
receive service on a month-to-month basis or for such other term agreed to by
Operator and Buyer, and at the maximum rate set forth in the applicable Rate
Schedule.
(h) Termination of Long-Term Firm Service Agreements. If a long-term Service Agreement is
not continued by its own terms or by reason of the Buyer's exercise of its right of
first refusal, such long-term Service Agreement shall be subject to pregranted
abandonment unless otherwise specified in the Service Agreement and shall terminate as
specified therein and Operator shall have no further obligation to Buyer.
(i) New Long-Term Firm Service Agreements. If a new long-term Service Agreement is
executed pursuant to this Section, such Service Agreement shall be subject to
pregranted abandonment unless otherwise specified therein.
(j) Reserved Capacity. Operator may elect to reserve for future expansion projects any
unsubscribed capacity or capacity under expiring or terminating service agreements
where such agreements do not have a right of first refusal or Buyer does not exercise
its right of first refusal. If Operator elects to reserve capacity, it will notify
Buyers of its intent as part of Operator's posting under Section 4(a) (EBB Posting
Procedure) of the General Terms and Conditions. Capacity may be reserved for up to
one year prior to the Operator filing for certificate approval for construction of the
proposed expansion and thereafter until such expansion project is placed into service.
Reserved capacity will be made available on an interim basis and will be posted for
competitive bid in accordance with the applicable provisions of Section 4 of the
General Terms and Conditions.
5. SERVICE AGREEMENT
(a) Form of Service Agreement. Buyer shall enter into a contract with Operator under
Operator's applicable standard Form of Service Agreement prior to receiving service
from Operator under any Rate Schedule. Buyers with new levels of service shall
execute a new Appendix to their Service Agreements indicating the new level of
service.
(b) Term. The period of time covered by the Service Agreement (exclusive of Assignments
as provided under this Tariff) shall be determined by (i) agreement between the
parties, or (ii) the procedures set forth in Section 4, Bidding for Available Firm
Service, but shall not exceed a primary term of twenty (20) years and extensions from
year to year thereafter unless canceled by either party by providing six (6) months
prior notice to the other party. Where the Service Agreement supersedes or cancels an
existing Service Agreement, however, Operator may require that the term of the Service
Agreement shall be not less than the unexpired portion of the term contained in the
Service Agreement to be superseded or canceled.
(c) Quantity Obligations and Requirements. The quantities of gas to be transported,
injected, withdrawn or stored by Operator shall be set forth in the applicable Service
Agreement.