Energy West Development, Inc.

Original Volume No. 1

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

Third Revised Sheet No. 55 Third Revised Sheet No. 55

Superseding: Second Revised Sheet No. 55

 

General Terms and Conditions

 

22. RELATIONSHIP WITH AFFILATES

 

22.1 Request for Transportation Service. The specific information and format required from a

Shipper for a valid request for Transportation Service is described in Section 3 of these

General Terms and Conditions. In addition, for transactions in which an affiliate is

involved, the specific affiliation of the requester with Transporter must be included.

 

22.2 Comparability of Service. Transporter shall provide service on a basis that is equal in

quality for all Gas supplies transported whether shipped by an affiliate of Transporter

or by another Shipper.

 

23. INDEMNIFICATION

 

Shipper agrees to indemnify and hold Transporter harmless against all claims by third parties,

including but not limited to other Shippers, caused by Shipper's violation of Shipper's

Transportation Service Agreement, the applicable rate schedule, or the General Terms and

Conditions of this Tariff.

 

24. SCHEDULES AND CONTRACTS

 

This Tariff, including these General Terms and Conditions and the respective obligations of the

parties under the Transportation Service Agreement(s) are subject to valid laws, orders, rules

and regulations of duly constituted authorities having jurisdiction and are subject to change

from time to time by addition, amendment or substitution as provided by such valid laws, orders,

rules and regulations.

 

25. CAPACITY RELEASE

 

This Section sets forth the terms and conditions that are applicable to the release of firm

entitlements under various services that are provided pursuant to this Section 25.

 

25.1 Procedure. Capacity released shall be subject to the terms and conditions of this

Section 25.1.

 

(a) Eligibility. Any Shipper (“Releasing Shipper”) under Rate Schedule FT of this

Tariff, shall be entitled, subject to the terms and conditions of this Section

25.1, to release any or all of its firm Transportation entitlements held under

a Transportation Service Agreement but only to the extent that the capacity so

released is acquired by another Shipper (“Replacement Shipper”) pursuant to the

provisions of this Section 25.1. Any such release shall result in a temporary

suspension of the Releasing Shipper’s right to use the released firm entitlements.

In the case of segmented capacity releases, for the MDQ released, the upstream

segment Shipper shall be permitted to nominate as a Secondary Point all points

both upstream of the break point and in the same direction as the Releasing

Shipper’s Primary Route, and the downstream segment Shipper shall be permitted

to nominate as a Secondary Point all points both downstream of the break point

and in the same direction as the Releasing Shipper’s Primary Route, provided

that the nominations of the Releasing and Replacement Shippers do not result in

an overlap with another capacity release transaction.