El Paso Natural Gas Company
First Revised Volume No. 1-A
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Effective Date: 04/01/1993, Docket: RS92- 60-011, Status: Effective
2nd Substitute Original Sheet No. 294 2nd Substitute Original Sheet No. 294 : Superseded
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
28. CAPACITY RELEASE PROGRAM (Continued)
28.10 Awarding of Released Capacity (Continued)
capacity and execution of the Acquired Capacity Agreement
described in Section 28.11 hereof if that is the effective
date specified by the Releasing Shipper. If a
pre-arranged release is for less than the maximum
reservation charge(s) and reservation surcharge(s) or does
not meet all other terms and conditions required by the
Releasing Shipper, an open season is required pursuant to
Section 28.8. If a better offer is received during the
open season, as determined under Option 1, Option 2 or
Option 3, the Pre-Arranged Shipper shall have the time
specified in Section 28.8 hereof to match that offer and
if the offer is matched, the Pre-Arranged Shipper shall
become the Acquiring Shipper. If the Pre-Arranged Shipper
fails to match the better offer, then the Bidding Shipper
who presented the better offer shall become the Acquiring
Shipper.
(h) A Releasing Shipper shall retain all of the capacity under
the executed Transportation Service Agreement or Acquired
Capacity Agreement that is not acquired by an Acquiring
Shipper as the result of an open season or a pre-arranged
release.
28.11 Execution of Agreements or Amendments
(a) Upon the award of capacity, the Acquiring Shipper
obtaining released capacity shall execute electronically
an Acquired Capacity Agreement with El Paso in the form
set forth in Section 28.25 below; provided, however, such
Shipper shall also return to El Paso an executed hard copy
of the Acquired Capacity Agreement within five (5)
business days of such award of capacity. Service to be
performed under the Acquired Capacity Agreement is subject
to discontinuance if the executed contract is not provided
to El Paso within such time period. Once an Acquired
Capacity Agreement has been executed, the terms of such
Agreement are not subject to amendment, except as provided
in Section 28.8(a).