Energy West Development, Inc.

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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

Third Revised Sheet No. 61 Third Revised Sheet No. 61

Superseding: Second Revised Sheet No. 61

 

General Terms and Conditions

 

The maximum and/or minimum rates specified by a Releasing Shipper

may exceed the maximum tariff rate for the applicable service if

the term of the proposed release is one (1) Year or less as long as

the release is to take effect on or before one (1) Year from the

date on which Transporter is notified of the release. For bids for

a term greater than one (1) Year, no bid shall exceed the

maximum applicable Transportation rates, in addition to any and all

applicable fees and surcharges, as specified in this Tariff. All

valid bids (except bidder’s name) will be posted by Transporter on

its Public Internet.

 

(i) Pre-Arranged Release. Releasing Shipper shall have the right to

release capacity to a Pre-arranged Replacement Shipper,

including a Replacement Shipper under either a Pre-Arranged Asset

Manager Release or a Pre-Arranged Release to a Marketer

Participating in a State-Regulated Retail Access Program, without

posting an offer via Electronic Communication if:(1) the release is

for a term of thirty-one (31) days or less for which the Releasing

Shipper has obtained a Pre-arranged Replacement Shipper and the

Releasing Shipper elects not to post such proposed capacity release

for bidding; (2) a release with a term of more than one (1) Year

for which the Releasing Shipper has obtained a Pre-arranged

Replacement Shipper and the release is at maximum rates and meets

all other terms and conditions of the release; (3) a Pre-Arranged

Asset Manager Release; or (4) a Pre-Arranged Release to a Marketer

Participating in a State-Regulated Retail Access Program. With the

exception of Pre-Arranged Asset Manager Releases or Pre-Arranged

Releases to a Marketer Participating in a State-Regulated Retail

Access Program, any release with a term that is greater than

thirty-one (31) days and less than or equal to one (1) Year must be

posted for bidding, regardless of the proposed rate. If Releasing

Shipper exercises such right, Releasing Shipper must notify

Transporter prior to the nomination of the released entitlements,

and the Replacement Shipper shall adhere to the contracting

requirements pursuant to Section 25.2 of the General Terms and

Conditions of this Tariff. Where applicable, the Releasing Shipper

must identify the Pre-arranged Replacement Shipper as an “Asset

Manager” as that term is defined in 18 C.F.R. Section 284.8(h)(3)

or a “Marketer Participating in a State–Regulated Retail Access

Program” as that term is defined in 18 C.F.R. 284.8(h)(4).

Releasing Shipper will provide the information via Electronic

Communication by 9:00 a.m. the day before the release transaction

begins. The Replacement Shipper shall confirm the pre-arranged

release by 9:30 a.m. and meet any eligibility requirements under

this Section 25.

 

(i) A Pre-Arranged Release between a Releasing Shipper and an

Asset Manager, as that term is defined in 18 C.F.R. Section

284.8(h)(3), shall be defined for purposes of this Section 25,

as a “Pre-Arranged Asset Manager Release”.

 

(ii) A Pre-Arranged Release between a Releasing Shipper and a

Marketer Participating in a State-Regulated Retail Access

Program, as that term is defined in 18 C.F.R. Section

284.8(h)(4), shall be defined for purposes of this Section 25,

as a “Pre-Arranged Release to a Marketer Participating in

a State-Regulated Retail Access Program”.

 

(iii) Payments or other consideration exchanged between the

Releasing Shipper and the Replacement Shipper in a Pre-Arranged

Asset Manager Release are not subject to the maximum rate.

 

(j) Matching Rights. A Pre-arranged Replacement Shipper shall have

the right of first refusal for a time period as negotiated by the

Releasing Shipper and the Pre-arranged Replacement Shipper

(“Matching Period”). The Matching Period will be one (1) hour

following the time the Pre-arranged Replacement Shipper has been