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.71 Second Revised Sheet No.71

Superseding: First Revised Sheet No. 71

 

General Terms and Conditions

 

29.2 Filing Requirement. No later than the first Business Day on or after

service under a Negotiated Rate agreement commences, Transporter shall

file with the Commission either the Negotiated Rate agreement or a Statement of

Negotiated Rates stating the exact legal name of the Shipper, the Negotiated Rate,

the rate schedule, the Receipt and Delivery Points, the contract quantities, and,

where applicable, the exact formula underlying a Negotiated Rate for any Negotiated

Rate Agreement. Such Statement of Negotiated Rates will contain a statement that

the Negotiated Rate agreement does not deviate in any material aspect from the Form

of Agreement in this Tariff for the applicable rate schedule.

 

29.3 Rate Treatment. Transporter shall have the right to seek in future general

rate proceedings discount-type adjustments in the design of its rates

related to Negotiated Rate agreements that were converted from pre-

existing discount agreements to Negotiated Rate agreements, provided that

the type of pre-existing service is not altered as a result of conversion

to a Negotiated Rate. In those situations, Transporter may seek a

discount-type adjustment based upon the greater of: (a) the Negotiated

Rate revenues received or (b) the discounted tariff rate revenues which

otherwise would have been received.

 

29.4 Limitations. This Section 29 does not authorize Transporter to negotiate

terms and conditions of service.

 

29.5 Capacity Release. Negotiated Rates do not apply as the price cap for

capacity release transactions. Further, except as expressly provided for

in Section 25 of the General Terms and Conditions of this Tariff, capacity

release bids must conform to Transporter's applicable tariff rates, as further

described in these General Terms and Conditions.

 

29.6 Right of First Refusal. For purposes of exercising rights to continue

service pursuant to these General Terms and Conditions, the highest rate

that a Shipper must match if it desires to retain all or a portion of its

capacity, is the applicable maximum tariff rate, including surcharges, for

such service.

 

29.7 Accounting Treatment. Transporter shall maintain separate records for all

revenues associated with Negotiated Rate transactions. Transactions

related to Negotiated Rate agreements which originated as a pre-existing

discounted service and were subsequently converted will be recorded

separately from those originating as Negotiated Rate agreements.

Transporter shall record each volume transported, billing determinant,

rate component, surcharge, and the revenue associated with its Negotiated

Rates so that this information can be filed, separately identified, and

separately totaled, as part of and in the format of Statements G, I, and J

in Transporter's next general rate change application.

 

30. NON-CONFORMING AGREEMENTS

 

None at this time.