Elba Express Company, L.L.C.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 68 Original Sheet No. 68

 

19. PREGRANTED ABANDONMENT OF LONG-TERM, FIRM SERVICE AGREEMENTS

 

(a) The following provisions shall apply to all firm transportation

Service Agreements or packages of capacity which have a primary

term of twelve (12) consecutive months or more ("long-term"

agreements) and a rate of the maximum rate eligible for the

applicable service, including firm transportation Service

Agreements or packages of capacity that have a Negotiated Rate as

described in Section 27 of these General Terms and Conditions.

Unless otherwise agreed in Article 4 of the Service Agreement for

such capacity, these provisions shall not apply to any portion of

a SHIPPER'S Transportation Demand for which the SHIPPER pays a

discounted rate pursuant to Section 31 of these General Terms and

Conditions.

 

(b) At a time of COMPANY's choosing following notice by SHIPPER but no

later than one (1) year prior to the effective termination date of

the initial primary term of SHIPPER'S firm Service Agreement or

any applicable package thereunder, whether such date is specified

in the Service Agreement or in COMPANY'S or SHIPPER'S notice of

termination as allowed by such Service Agreement, COMPANY shall

post on SoNet Premier for bidding the capacity which will be

available upon the termination of SHIPPER'S firm Service Agreement

or any applicable package thereunder. Prior to expiration of the

term of a Service Agreement(s), or package thereto, COMPANY and

SHIPPER may mutually agree to renegotiate the terms of such

Service Agreement(s) to extend the use of at least a portion of

the TD under its existing Service Agreement, or package thereto.

Such extension of the Service Agreement, or package thereto, shall

be negotiated on a case-by-case basis in a not unduly

discriminatory manner. If a Service Agreement has pregranted

abandonment rights, the agreement to extend must be reached prior

to COMPANY posting the capacity for bidding pursuant to Section 19

of these General Terms and Conditions. To the extent that COMPANY

and SHIPPER have mutually agreed to such an extension, the

requirements of Section 19 of these General Terms and Conditions

shall not apply. Alternatively, if the SHIPPER provides to

COMPANY notice of termination on or prior to the required notice

date as defined in Exhibit B to the Service Agreement, any right

of first refusal hereunder will be deemed by COMPANY as waived

unless SHIPPER specifically requests to retain its rights under

this section in its notice of termination.

 

(c) Each bidder for SHIPPER'S firm capacity, or any portion of TD or

MDO being offered under this section, must submit its bid to

COMPANY through SoNet Premier (with the appropriate service

request form and any required prepayment under COMPANY'S FERC Gas

Tariff applicable to the service, unless already on file with

COMPANY) within the time specified by COMPANY on SoNet Premier.