Petal Gas Storage Company
Original Volume No. 1
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Effective Date: 12/17/1993, Docket: CP93- 69-002, Status: Effective
Original Sheet No. 14 Original Sheet No. 14 : Effective
FSS RATE SCHEDULE
FIRM STORAGE SERVICE
(continued)
9. CURTAILMENT
If, due to any cause whatsoever, Petal's capability to
receive or deliver volumes is impaired so that Petal is unable
to receive or deliver the volumes provided for in its FSS
Agreements with Customers, then capacity, withdrawals and/or
injections will be allocated according to the priority of
service as set forth in Section 4 of the General Terms and
Conditions of this Tariff.
10. RIGHT OF FIRST REFUSAL
10.1 Right of First Refusal at End of Contract Term.
Petal may discontinue service to a Customer at the end of the
primary term or any renewed term of the Customer's FSS
Agreement unless (i) the Customer exercises any applicable
renewal right in the FSS Agreement; or (ii) in the case of a
long term FSS Agreement, the Customer exercised its right of
first refusal for the capacity covered by the FSS Agreement by
matching the terms offered to Petal during an open season for
such capacity by any qualified prospective successor customer.
Petal shall retain its right to require a minimum rate for
bids during any such open season. In determining which bid
for the capacity is the highest, Petal will use the present
value formula set forth in Section 4 of the General Terms and
Conditions of Petal's Tariff. A "long term FSS Agreement," as
that term is used in this Section is an FSS Agreement having a
primary term greater than or equal to five (5) years. A
prospective successor customer is "qualified," within the
meaning of this section, if such prospective successor
customer meets the creditworthiness criteria set forth in
Section 3 of the General Terms and Conditions of this Tariff.
10.2 Exercise of Right of First Refusal. Upon
expiration of the open season, Petal will communicate the
terms of the highest bid received from a qualified successor
customer to the current capacity holder, who may elect, within
ten (10) Business Days or such greater time as Petal may
specify, to execute a renewal FSS Agreement upon the same
terms. If the current capacity holder does not elect to match
the terms of such highest bid, its FSS Agreement will expire
at the conclusion of its term, and Petal may enter into a new