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.