Energy West Development, Inc.

Original Volume No. 1

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

Second Revised Sheet No. 64 Second Revised Sheet No. 64

Superseding: First Revised Sheet No. 64

 

General Terms and Conditions

 

25.5 Transporter’s Right to Suspend or Terminate a Capacity Release. Transporter may elect to

suspend or terminate a Replacement Shipper’s agreement upon written notice to Replacement

Shipper, under the following conditions:

 

(a) The Releasing Shipper, pursuant to Section 3 of the General Terms and Conditions

of this Tariff, has failed to maintain creditworthiness in accordance with

Section 3 of the General Terms and Conditions of this Tariff such that

Transporter has provided notice that it will suspend and then terminate

Releasing Shipper’s Transportation Service Agreement; and

 

(b) The rate stated in the effective Replacement Shipper’s agreement is less than

the maximum Reservation Rate and Commodity Rate for the contracted for Service;

and

 

(c) The Replacement Shipper has not, prior to the expiration of thirty (30) days,

executed an amendment to such Replacement Shipper’s agreement, agreeing to pay,

beginning the first day after the end of the thirty day notice period and for

the remainder of the term of the Replacement Shipper’s agreement, the lesser of

(1) the Releasing Shipper’s contract rate, (2) the maximum tariff rate for the

service, or (3) a mutually agreeable rate.

 

Should the Releasing Shipper cure its failure to maintain

creditworthiness prior to termination, the Replacement Shipper’s

amendment to its contract will expire by its own terms without ever

having gone into effect.

 

25.6 Recall of Released Capacity. Subject to the terms of the release, the Releasing

Shipper may recall released capacity as provided below. Recalls of capacity

release transactions shall be subject to Elapsed Prorata Capacity (EPC). EPC

means that portion of the capacity that would have theoretically been available

for use prior to the effective time of the intra-day recall based upon a

cumulative uniform hourly use of the capacity. Reputting by the Releasing

Shipper shall be as agreed upon by the Replacement Shipper and the Releasing

Shipper. The deadline for notifying Transporter of a reput is 8:00 a.m. to

allow for timely nominations to flow for the next Gas Day.

 

Releasing Shippers may, to the extent permitted as a condition of the capacity

release, recall released capacity at each of the NAESB nomination grid cycles by

providing notice to Transporter by the following times for each cycle:

 

(a) Timely Recall Notification:

 

(i) A Releasing Shipper recalling capacity should provide

notice to Transporter and the first Replacement Shipper of

such recall no later than 8:00 a.m. on the day that Timely

Nominations are due;

 

(ii) Transporter should provide notification to all affected

Replacement Shippers of such recall no later than 9:00

a.m. on the day that Timely Nominations are due (CCT);