The question came up yesterday whether a shipper who contracts for firm capacity for a year or more at a negotiated rate is entitled to a ROFR.

I've done some checking, and the answer is no, a negotiated rate shipper that entered into a contract after March 27, 2000 does not automatically get ROFR rights.   This was clearly stated by FERC in Order No. 637-A.   It does not matter whether the negotiated rate is above the maximum tariff rate; the contract is still not considered to be "at maximum rates" for ROFR purposes.

As you know, our tariff does allow us to mutually agree to include ROFR rights in a contract with a shipper who does not automatically get ROFR rights.  

Any questions -- let me know.