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. 66 Second Revised Sheet No. 66

Superseding: First Revised Sheet No. 66

 

General Terms and Conditions

 

When a Releasing Shipper with recall rights desires to recall its capacity

during an intra-day cycle, Transporter’s capacity release system will indicate

to such Shipper the capacity available for recall based upon the EPC.

Therefore, the Releasing Shipper’s recall notification to Transporter would

reflect the adjusted total released capacity entitlement.

 

Transporter shall not be obligated to deliver in excess of the total daily

contract quantity of the release.

 

The amount of capacity allocated to the Replacement Shipper(s) should equal the

original released capacity less the recalled capacity that is adjusted based

upon the EPC.

 

When capacity is recalled, it may not be reput for the same Gas Day.

 

26. PREGRANTED ABANDONMENT AND RIGHTS OF FIRST REFUSAL

 

26.1 Purpose. This Section 26 sets forth the specific terms and conditions

applicable to Transporter's pregranted abandonment authority, the

termination of Transporter's obligations under certain Transportation

Service Agreements, and Shipper's Right of First Refusal.

 

26.2 Applicability. The Right of First Refusal provided pursuant to Section

26.5 of the General Terms and Conditions of this Tariff applies to

Transportation Service Agreements executed between Transporter and any

Shipper pursuant to the FT Rate Schedule, where the Transportation Service

Agreement had a primary term of one Year or more and has terminated

pursuant to Article II of the Transportation Service Agreement. In all

other cases Transporter has unconditional pregranted abandonment authority

upon the termination, expiration or cancellation of the applicable

Transportation Service Agreement.

 

26.3 Definitions. For purposes of this Section 26, the following definitions

will apply:

 

(a) Existing Shipper. The term "Existing Shipper" shall mean the

Shipper for which Transporter provides service under any executed

Transportation Service Agreement subject to this Section 26.

 

(b) Offering Shipper. The term "Offering Shipper" shall mean any

Shipper that submits a bid pursuant to Section 26.5 of the General

Terms and Conditions of this Tariff for all or a portion of the

capacity to be made available upon termination of the Transportation

Service Agreement pursuant to this Section 26, provided that the

Offering Shipper satisfies the provisions of this Tariff applicable

to the credit evaluations set forth in Section 3 of these General

Terms and Conditions.