Florida Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 11/01/1995, Docket: RP95-103-004, Status: Effective
Original Sheet No. 184D Original Sheet No. 184D : Superseded
GENERAL TERMS AND CONDITIONS
(continued)
4. If the determinations reflected in Annual Report filed pursuant
to (3) above result in either: (i) a net cost balance in the
Balancing Tool Account of one hundred thousand dollars
($100,000) or more; or (ii) the Overall Net Cash Balance being
equal to a net cost balance of five thousand dollars ($5,000) or
more, Transporter shall, concurrently with the filing of the
Annual Report, make a limited Section 4 tariff filing to
increase the penalties for non-compliance with the mechanisms
recorded in the Balancing Tools Account in order to increase
future net revenues recorded in such Account.
20. PRE-GRANTED ABANDONMENT AND RIGHT OF FIRST REFUSAL
A. Pre-Granted Abandonment
1. Subject to the provisions in Section (2) below, service shall
expire and shall automatically be abandoned upon contract
termination under (i) any firm transportation service agreement
with a primary term of less than one (1) year, and (ii) any
interruptible transportation agreement regardless of term.
Termination and abandonment of any firm transportation service
agreement with a term of one (1) year or longer shall be
governed by the provisions of Sections 20B and C.
2. The term of service under any firm transportation service
agreement existing as of November 2, 1992 may be extended
pursuant to the provision of any unilateral rollover provision
contained in the service agreement as of that date. For
purposes hereof, "unilateral rollover provision" shall mean
those provisions giving Shipper the unilateral right to extend
the service agreement and such term shall not mean any provision
which requires both parties to agree to an extension nor a
provision which gives Transporter the right to terminate the
Service Agreement.
Shipper and Transporter may, by mutual agreement, include a
rollover provision in a firm transportation service agreement
subsequent to November 2, 1992 in a form different from that set
out in Subsection 20C. However, Transporter is not obligated to
offer or agree to any rollover provisions, other than as set out
in Section 20C. To the extent that Transporter offers or agrees
to any such provision, it must do so on a not unduly
discriminatory basis.