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.