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. 70 Second Revised Sheet No. 70

Superseding: First Revised Sheet No. 70

 

General Terms and Conditions

 

27. PUBLIC INTERNET

 

The Internet web site is Energy West’s HTML site accessible via the Internet’s World Wide Web and

located at http://www.ewst.com.

 

28. REVENUE CREDIT

 

28.1 Applicability. The credit available under this Section 28 shall apply to all

Transportation Service Agreements under the FT Rate Schedule.

 

28.2 Basis of the Credit. Revenues to which the credit under this Section 28 shall apply

("Eligible Revenues") shall be the revenues actually received by Transporter under the IT

Rate Schedule that are not subject to refund and are attributable to commodity charges but

not imbalance charges, scheduling penalties, unauthorized contract overrun penalties, ACA,

or other charges. Starting with the effectiveness of this Tariff and the anniversary of

the effective date every Year thereafter, Transporter shall first retain 100% of all IT

Rate Schedule revenues until Transporter has received an amount of revenues equal to the

annual amount of costs, if any, allocated by the Commission to service under the IT Rate

Schedule. Thereafter and for the remainder of the Year, Transporter shall credit to

current Month invoices under the applicable rate schedules 90% of the Eligible Revenues

received during the prior Month. Transporter shall retain the remainder of the Eligible

Revenues not required to be credited or refunded.

 

28.3 Apportionment of Eligible Revenues. Eligible Revenues attributable to a Month shall be

apportioned among all FT Rate Schedule Shippers by applying the following ratio for each

customer: (a) the Shipper's total Maximum Transportation Quantities in effect during that

Month under the FT Rate Schedule, (b) divided by the summation of the total Maximum

Transportation Quantity in effect during that Month for all FT Rate Schedule Shippers;

provided, however, that no Shipper shall receive a credit under this Section 28 in excess

of its Reservation Charges for that Month, with such excess being reallocated to the other

Shippers in accordance with the above ratios.

 

28.4 Revenues Subject to Refund. In the event that any revenues obtained under the IT Rate

Schedule are collected subject to refund, and are ultimately not required to be refunded

to Shippers under the IT Rate Schedule, Transporter shall recalculate the revenue credits

that would have been due to Shipper if the IT Rate Schedule rate ultimately approved by

the Commission had been in effect at the time of the revenue credit, and shall credit

Shipper for the difference between revenues actually credited, and the recalculated

revenue credit, plus interest at the rate prescribed by the Commission's Regulations.

 

29. NEGOTIATED RATES

 

29.1 Availability. Notwithstanding anything to the contrary contained in this Tariff, including

the provisions of the rate schedules contained herein, Transporter and Shipper may

mutually agree to a Negotiated Rate under any Transportation Service Agreement, provided

that Shipper has not acquired its capacity under the capacity release provisions of these

General Terms and Conditions. If a portion of the capacity under any existing agreement is

agreed to be priced at Negotiated Rates, the existing agreement must first be bifurcated,

and the existing maximum or discounted tariff rates will continue to apply to the capacity

not subject to the Negotiated Rates. As a recourse to Negotiated Rates, any Shipper may

receive service at the applicable maximum tariff rates, including surcharges, for service

under the rate schedule applicable to the Negotiated Rate.