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. 68 Second Revised Sheet No. 68
Superseding: First Revised Sheet No. 68
General Terms and Conditions
(i) Transporter accepts a bid; (ii) Transporter rejects all bids; or (iii) the
Offering Shipper withdraws its Bid Notification in writing or via Electronic
Communication, whichever occurs first.
(f) Offering Shipper's Bid Notification. The Offering Shipper's Bid Notification
shall include:
(i) the Offering Shipper's legal name;
(ii) the Maximum Transportation Quantity for which the Offering Shipper seeks
Transportation Service, stated in Dekatherms and Mcf/d;
(iii) the Primary Receipt and Primary Delivery Points, along with the applicable
Maximum Input Quantities and Maximum Equivalent Quantities;
(iv) the proposed commencement and termination dates for the service to be
provided;
(v) the maximum rate the Offering Shipper is willing to pay for the
Transportation Service; and
(vi) any other terms that may be relevant.
(g) Offering Shipper's Bid Notification Deposit. Within ten days of posting of its Bid
Notification the Offering Shipper shall tender a check made out to Transporter as a
Bid Notification deposit which shall be equal to the prepayment that would be due
in connection with a request for the same service pursuant to Section 3 of the
General Terms and Conditions of this Tariff. Transporter will return the Offering
Shipper's deposit plus interest at the rate prescribed by Section 154.67 (c) of the
Commission's Regulations or any successor regulation if (i) Transporter rejects the
Offering Shipper's bid; (ii) the Offering Shipper fails to meet all of provisions
of this Tariff governing Shipper eligibility; (iii) pursuant to its Right of
First Refusal, the Existing Shipper matches the Offering Shipper's bid; or (iv) the
Offering Shipper withdraws the Bid Notification before the bid is rejected or
before the Existing Shipper matches the bid, whichever occurs first. Transporter
will refund the entire deposit plus interest at the rate prescribed by Section
154.67 (c) of the Commission's Regulations or any successor regulation within ten
days of the event triggering the obligation to return. If Transporter executes a
Transportation Service Agreement pursuant to agreed-upon terms with the Offering
Shipper, Transporter shall credit the amount of the deposit to Shipper's invoice
for the first Month of the requested Transportation Service. If, however, the
Offering Shipper fails to execute a Transportation Service Agreement as provided in
Section 26.5 (k) of the General Terms and Conditions of this Tariff, Transporter
will retain the deposit as liquidated damages.
(h) Transporter's Review of Offering Shippers' Bid. Transporter will review all
Offering Shippers' bids on a nondiscriminatory, objective basis and determine the
Best Bid within two weeks of the closing of the open season consistent with the
following standards; provided, however, Transporter will not be obligated to accept
any offer for Transportation Service at less than Transporter's maximum applicable
rate:
(i) The bid that offers the maximum rate for the longest term shall be the Best
Bid, provided, however, that an Existing Shipper is not required to match a
Competing Offer with a term greater than five (5) Years, or if no Offering
Shipper offers the maximum rate;