Energy West Development, Inc.

Original Volume No. 1

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Effective Date: 06/11/2010, Docket: RP10-732-000, Status: Effective

First Revised Sheet No. 32 First Revised Sheet No. 32

Superseding: Original Sheet No. 32

 

General Terms and Conditions

 

For purposes of this Section 3, the insolvency of a Shipper shall be evidenced by

any one or more of the following:

 

(i) the publication or release of any financial statement showing current

assets to be less than current liabilities;

 

(ii) the filing of an involuntary petition in bankruptcy under 11 U.S.C. § 303;

 

(iii) the entry of an order for relief under Title 11, United States Code;

 

(iv) the filing, by the Shipper, of any pleading before a court of competent

jurisdiction seeking the arrangement, adjustment, or composition of the

Shipper's debts, including an assignment for the benefit of creditors, or,

in the alternative, the publication by the Shipper of a request for the

composition of its debts or the assignment of its assets for the benefit

of its creditors;

 

(v) the involuntary or voluntary appointment of a receiver, liquidator,

assignee, or trustee for all or any substantial part of the Shipper's

assets by a court of competent jurisdiction, or the sequestration of all

or any substantial portion of the Shipper's assets (notwithstanding the

foregoing, this subsection (v) shall not be operative unless the order or

decree continues in effect, unstayed, for a period of 20 consecutive

days); or

 

(vi) the filing of any pleading before a court of competent jurisdiction

seeking the dissolution of the Shipper or the winding-up of its affairs or

its liquidation.

 

3.7 Validation of Service Request. Transporter shall evaluate the information offered

in support of a request for service to determine whether there is adequate

capacity to fulfill the request for service (in the case of requests for service

under the FT Rate Schedule) and that the request for service is compatible with

the operating conditions on Transporter's system. After validation of the

information submitted by Shipper in support of a request for service, Transporter

shall enter Shipper's request in Transporter's log, as required by Section 284.13

of the Commission's Regulations or any successor regulation.

 

3.8 Transportation Service Agreement to be Executed. Within 30 days after Transporter

accepts and validates a completed request for service under Section 3.7 of the General

Terms and Conditions of this Tariff, Transporter shall tender to Shipper a Transportation

Service Agreement. In the event the Transportation Service Agreement is not executed by

Shipper and returned within 30 days after Transporter tenders such contract to Shipper,

Shipper's request for Transportation shall be null and void.

 

3.9 Disposition of Prepayment. In the event Shipper's request for service is rejected

by Transporter or withdrawn by Shipper prior to Transporter having tendered a

Transportation Service Agreement, Shipper's prepayment shall be refunded with

interest at the rate prescribed by Section 154.67(c) of the Commission's

Regulations or any successor regulation. In the event Shipper executes a

Transportation Service Agreement, Shipper's prepayment shall be offset against the

initial charges under the Transportation Service Agreement. In the event Shipper

is tendered a Transportation Service Agreement and fails to execute and return it

within 30 days, Transporter shall retain Shipper's prepayment.