Texas Eastern Transmission Corporation
Sixth Revised Volume No. 1
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Effective Date: 10/01/2000, Docket: RP00-535-000, Status: Suspended
First Revised Sheet No. 456C First Revised Sheet No. 456C : Suspended
Superseding: Original Sheet No. 456C
GENERAL TERMS & CONDITIONS
(Continued)
3.13 Procedures For Avoidance of Pregranted Abandonment
(A) To the extent a Customer satisfies the bid matching requirements of this Section
3.13 or Pipeline and Customer reach agreement as contemplated by Section
3.13(G), such Customer may retain its capacity and continue to receive firm
service under a long-term firm service agreement under an Open-access Rate
Schedule for which Pipeline has served notice of termination ("right of first
refusal"). 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 Customer does not satisfy the bid
matching requirements of this Section 3.13 or Pipeline and Customer do not reach
agreement as contemplated by Section 3.13(G), Customer shall no longer have, as
of the termination date of the service agreement, rights under the long-term
firm service agreement under an Open-access Rate Schedule for which Pipeline has
served notice of termination and Pipeline shall have all necessary abandonment
authorizations under the Natural Gas Act. This Section 3.13 is not applicable
and Customer shall have no rights hereunder to the extent the long-term firm
service agreement under an Open-access Rate Schedule is terminated by Customer,
and Pipeline shall have all necessary abandonment authorization under the
Natural Gas Act. In addition to those procedures outlined herein, the following
service agreements are not subject to pregranted abandonment and may be
abandoned by Pipeline only upon receipt of Commission approval under Section
7(b) of the Natural Gas Act.
Short-term firm service agreements under an Open-access Rate Schedule and
interruptible service agreements under an Open-access Rate Schedule are not
subject to the abandonment protection of this Section 3.13. Upon termination of
such a service agreement, Pipeline shall have all necessary abandonment
authorization under the Natural Gas Act effective as of such termination date.