Energy West Development, Inc.

Original Volume No. 1

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

Fourth Revised Sheet No. 60 Fourth Revised Sheet No. 60

Superseding: Third Revised Sheet No. 60

 

General Terms and Conditions

 

(14) Whether Releasing Shipper will require Replacement Shipper to post a

deposit, not to exceed the amount required by Transporter pursuant to

Section 3.1 of the General Terms and Conditions of this Tariff, to guard

against payment defaults if Transporter waives the deposit requirement

contained in Section 3.1 of the General Terms and Conditions of this

Tariff. Such deposit will be paid by the Replacement Shipper to

Transporter at the time specified in Section 3.1 of the General Terms and

Conditions of this Tariff, and will be credited against Replacement

Shipper’s invoices until fully utilized.

 

(15) Any other reasonable and not unduly discriminatory terms and conditions to

accommodate the release, including provisions necessary to evaluate bids

and tie breaking criteria, provided, however, that bid evaluations will be

limited to highest rate, net revenue and present value.

 

(16) Any restriction on the use of higher rate Alternate Points, or any

requirement that the Replacement Shipper reimburse the Releasing Shipper

for any incremental charges assessed by Transporter pursuant to Section

7.1 of the General Terms and Conditions of this Tariff for use of

Alternate Points by the Replacement Shipper.

 

(17) Whether the release is a Pre-Arranged Asset Manager Release as defined in

18 C.F.R. Section 284.8(h)(3), and the volumetric level of the Asset

Manager’s delivery or purchase obligation and the time period during which

that obligation is in effect.

 

(18) Whether the release is a Pre-Arranged Release to a Marketer Participating

in a State–Regulated Retail Access Program, as defined in 18 C.F.R.

Section 284.8(h)(4).

 

(19) Any other additional information that Transporter deems necessary, from

time to time, to effectuate release hereunder.

 

(20) Transporter shall not be liable for information provided to Transporter,

including any such information that is provided via Electronic

Communication, or with respect to the deposit required by the Replacement

Shipper pursuant to Section 25.1(g)(14) of the General Terms and

Conditions of this Tariff.

 

(h) Open Bidding Process. Prospective Shippers wishing to acquire

capacity available for release (“Bidding Shipper”) shall place a bid

in writing or by Electronic Communication for the available capacity

during the Posting Period. If such bid is not expressly labeled

contingent, such bid shall be binding. The bid shall contain the

following information:

 

(1) The Bidding Shipper’s legal name and the name, title, address

and phone number of the individual who will authorize the

acquisition of the available capacity.

 

(2) The level of daily firm entitlements that the Bidding Shipper

requests and the minimum quantity it will accept.

 

(3) The requested effective date and the term of the acquisition.

 

(4) The Bidding Shipper’s bid, addressing all criteria required

by the Releasing Shipper.

 

The Bidding Shipper shall be entitled to withdraw its bid

via Electronic Communication, prior to the end of the bidding

period, if such withdrawal is not due to lower bids by other

Shippers. Bidding Shipper cannot withdraw its bid after the

Bidding Period ends. If Bidding Shipper withdraws its bid,

it may not resubmit a lower bid. If Bidding Shipper submits

a higher bid, lower bids previously submitted by Bidding Shipper

will be automatically eliminated. A Bidding Shipper may submit

multiple bids where the term or quantity involved in each bid

is different. Transporter