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
(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.