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
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.