Petal Gas Storage, L. L. C.
Original Volume No. 1
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Effective Date: 10/01/2002, Docket: RP02-435-000, Status: Effective
First Revised Sheet No. 80 First Revised Sheet No. 80 : Effective
Superseding: Original Sheet No. 80
FTS RATE SCHEDULE (Continued)
10. RIGHT OF FIRST REFUSAL AND PREGRANTED ABANDONMENT
(a) Any Customer receiving firm transportation service under an
executed FTS Agreement that has a primary term of one (1) year
or more, and that does not have an evergreen provision, may
exercise its right of first refusal in order to retain firm
transportation service at the expiration of the primary term.
Any Customer receiving firm transportation under a FTS Agreement
that has a primary term of one (1) year or more, and that has an
evergreen provision, may exercise its right of first refusal in
order to retain continued firm transportation in the event that
Petal provides notice, as allowed by such Service Agreement,
that it will terminate the FTS Agreement at the expiration of
the primary term or any roll-over term.
(b) Any Customer receiving transportation service provided under a
FTS Agreement that has a primary term of less than one (1) year,
and that may or may not have an evergreen provision, does not
have the right of first refusal to retain its firm
transportation service at the expiration of a primary term or
any subsequent roll-over term.
10.2 Posting of Capacity. At least thirty (30) days prior to the effective
termination date of a FTS Agreement with a primary term of one (1) year
or more, whether such date is specified in the FTS Agreement or Petal's
notice of termination as allowed by such FTS Agreement, Petal shall
post on its Internet website the capacity that will be available upon
the termination of a Customer's FTS Agreement and whether such capacity
is subject to an existing Customer's right of first refusal. The
capacity will be posted for not less than five (5) business days.
10.3 Bidding On Capacity. Upon posting of available capacity, Petal shall
receive bids in writing from eligible bidders who have executed a FTS
Form of Service Agreement. Bids must be submitted on Petal's Internet
website or in writing and must be received by Petal no later than the
bid deadline. Petal will post the relevant terms of all eligible bids,
other than the bidder's name, upon receipt of each bid received by
Petal. Petal will determine the best bid in accordance with the
criteria set forth in Section 4.2 of the General Terms and Conditions
of this Tariff.