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.
(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
(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