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