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. 62 Third Revised Sheet No. 62

Superseding: Second Revised Sheet No. 62

 

General Terms and Conditions

 

(l) Remaining Capacity. In the event that a Releasing Shipper does not

release all of its firm entitlements, the Releasing Shipper shall

remain responsible for the remaining entitlements and is entitled

to utilize the remaining entitlements with the MDQ reduced accordingly

by the released capacity quantities.

 

(m) No Rollover. When a release of capacity for a period of thirty-one

(31) days or less is not subject to the bidding requirements under

this Section 25, Releasing Shipper may not rollover, extend, or in

any way continue the capacity release, and may not consummate a release

with the same Replacement Shipper that utilizes the same capacity or

overlaps such capacity, without complying with the competitive bidding

requirements of this Section 25, and may not re-release capacity to the

same Replacement Shipper until twenty-eight (28) days after the first

release period has ended. This restriction is not applicable to a

Pre-Arranged Release to an Asset Manager or a Pre-Arranged Release to a

Marketer Participating in a State-Regulated Retail Access Program.

All other provisions of this Section shall apply.

 

(n) Agreement For Multiple Capacity Release Transactions. In lieu of

execution of individual agreement(s), Transporter and Replacement

Shipper may execute a Master Service Agreement for Capacity Release

Transactions to cover multiple capacity release transactions.

 

25.2 Execution of Capacity Release Agreements.

 

(a) Contractual Obligations. Unless Transporter and Replacement Shipper have a Master

Service Agreement in effect pursuant to Section 25.1(n) of the General Terms and

Conditions of this Tariff, Transporter shall execute an agreement upon receipt of

a valid request for service from Replacement Shipper pursuant to Section 3 of these

General Terms and Conditions. The agreement shall be executed prior to the commencement

of the term of release. All Replacement Shippers shall be required to comply with the

creditworthiness requirements of Section 3.5 of these General Terms and Conditions and

to accept by a release all Transportation rights and obligations of the Releasing Shipper

with respect to the capacity released, including nominations and Primary Routes. Unless

otherwise agreed by Transporter, the Releasing Shipper shall remain fully liable to

Transporter for all reservation charges, including reservation type surcharges and

direct bills, that were due under the Releasing Shipper’s agreement, unless Replacement

Shipper has agreed to pay Transporter maximum rates, and to accept all obligations of

the Releasing Shipper under the Releasing Shipper’s agreement for the remaining term of

such Releasing Shipper’s agreement.

 

(b) Billing. Pursuant to Section 12 of the General Terms and Conditions of this Tariff,

Replacement Shipper shall be billed for all reservation type charges contained within

its bid and all usage charges contained within its bid and all usage charges according

to the applicable Rate Schedule. If Replacement Shipper nominates Secondary Receipt

Point(s) or Secondary Delivery Point(s), such Shipper shall, in addition to the

charges in the previous sentence, be billed the pro rata charge for each applicable

day as follows:

 

(1) if the Secondary Point is within the Rate Segment where the Releasing Shipper’s

Primary Point is located, then the Replacement Shipper shall be billed, if

applicable, the amount of reimbursement required to the Releasing Shipper

in accordance with Section 25.1(g)(14) of the General Terms and Conditions

of this Tariff; or