El Paso Natural Gas Company
Second Revised Volume No. 1A
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Effective Date: 04/01/2010, Docket: RP10-454-001, Status: Effective
Second Revised Sheet No. 219K Second Revised Sheet No. 219K
Superseding: Substitute First Revised Sheet No. 219K
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
4. REQUESTS FOR SERVICES (Continued)
4.11 Electronic Execution of Agreements - For all Master Park & Loan
Service Agreements, Park & Loan Service Agreements, TSAs, exhibits,
and amendments thereto ("Service Agreements" or "Agreements")
entered on or after the effective date of this tariff provision,
Transporter and Shipper shall electronically execute such Service
Agreements which shall be deemed to be in the form of the Form of
Service Agreement for the applicable rate schedule, unless the
Shipper specifically requests a written Agreement and submits no
nomination for service while the written Agreement is pending.
Electronic execution of non-conforming Service Agreements shall be
followed up with a written Service Agreement which shall be
executed and filed for Commission review.
(a) The Service Agreement shall be deemed to be executed by
Shipper when the Shipper accepts the service request
electronically via Transporter's EBB. The Service Agreement
shall be deemed to be executed by Transporter when
Transporter accepts the Shipper's request for capacity using
the EBB. A Service Agreement that is executed in this
manner shall be deemed to have been "signed" and to
constitute an "original" when printed from electronic files
or records.
(b) Notwithstanding the above, if the Shipper and Transporter
electronically execute an Agreement and the Shipper later
requests a written Agreement, the electronic Service
Agreement shall be deemed the original until the written
Agreement is executed by both parties.
(c) If the Service Agreement contains provisions that must be
reviewed by the Commission, it will be stated in written
form and executed by the parties. In such case, a facsimile
may be deemed an executed original until such time as the
Shipper returns the executed original Agreement. However,
such provisions will not become effective until reviewed and
accepted by the Commission.
4.12 Transporter and Shipper may mutually agree to include an evergreen
provision in the TSA that would allow the agreement to continue in
effect beyond its primary term with the mutual consent of the
parties. For purposes of this provision, if the parties elect to
continue the agreement into an evergreen period, the right-of-
first-refusal requirements of Section 4.14 and the contract
procedures of Section 4 will only apply when the TSA reaches the
end of such evergreen period.