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. 67 Second Revised Sheet No. 67

Superseding: First Revised Sheet No. 67

 

General Terms and Conditions

 

pregranted authority to abandon the remaining service pursuant to

Section 7(b) of the Natural Gas Act, and Transporter shall have no

further obligation to render that remaining service under the

Transportation Service Agreement. Upon receipt of a Notice of Election

from an Existing Shipper, Transporter will post information relevant to

the notice, as provided in Section 26.5(c) of the General Terms and

Conditions of this Tariff. To the extent the Existing Shipper either

satisfies the Bid Matching Procedure of Section 26.5(j) of the General

Terms and Conditions of this Tariff or reaches mutual agreement with

Transporter pursuant to Section 26.5(k) of the General Terms and

Conditions of this Tariff, Transporter will continue service to the

Existing Shipper upon execution of a Transportation Service Agreement

containing the agreed-upon terms. If the Existing Shipper fails to

satisfy the Bid Matching Procedure of Section 26.5(j) of the General

Terms and Conditions of this Tariff, or if Transporter and the Existing

Shipper fail to reach mutual agreement under 26.5(k) of the General Terms

and Conditions of this Tariff, Transporter has pregranted authority to

abandon the Existing Shipper's service pursuant to Section 7(b) of the

Natural Gas Act, and Transporter shall have no further obligation to

render service under the Existing Shipper's Transportation Service

Agreement as of the date of termination of the Transportation Service

Agreement.

 

(b) Existing Shipper's Notice of Election to Exercise its Right of First

Refusal. Any Existing Shipper that elects to exercise its Right of First

Refusal upon termination of a Transportation Service Agreement shall

provide Transporter with a Notice of Election in writing or via

Transporter's Electronic Communication not later than 12 Months prior to

the expiration of the term of the Transportation Service Agreement, or, in

the case of a Transportation Service Agreement that expires pursuant to a

notice provided by Transporter, within 60 days of such notice from

Transporter.

 

(c) Posting of Existing Shipper's Notice of Election. Within two days of

receiving a Notice of Election, Transporter will post on its Public

Internet the following information regarding the capacity subject to the

Notice of Election:

 

(i) the Maximum Transportation Quantity available under the terminating

Transportation Service Agreement, stated in Dekatherms;

 

(ii) the Primary Receipt and Primary Delivery Point(s) at which capacity

is available and the Maximum Input Quantities and Maximum Equivalent

Quantities available at those points(s);

 

(iii) the date the capacity will be available; and

 

(iv) any other terms that may be relevant.

 

(d) Open Season. Immediately upon posting the information relevant to an

Existing Shipper's Notice of Election, Transporter will hold an open season

for a period of not less than five days. During the open season, Offering

Shipper(s) may submit a Bid Notification to Transporter in writing or via

Electronic Communication.

 

(e) Posting of Offering Shipper's Bid Notification. To constitute a valid bid,

the Offering Shipper must satisfy the provisions of this Tariff applicable

to requests for firm Gas Transportation Service and credit evaluations set

forth in Section 3 of these General Terms and Conditions. Within one

Business Day of Transporter's receipt of a Bid Notification, Transporter

will evaluate the Bid Notification to determine whether it satisfies the

terms of this Section 26 and will notify the Offering Shipper of any

deficiencies. If no deficiencies exist, Transporter will post all

information relevant to the Bid Notification on Transporter's Public

Internet with all other Bid Notifications at end of the open season. Once

Transporter posts the Offering Shipper's Bid