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. 72 Second Revised Sheet No. 72
Superseding: First Revised Sheet No. 72
General Terms and Conditions
31. DISCOUNTED RATES
From time to time Shipper and Transporter may agree in writing on a level of discount of
the otherwise applicable rates and charges in addition to a basic discount from the stated
maximum rates. For example, Transporter may provide a specific discounted rate:
(1) to certain specified quantities under the Transportation Service Agreement;
(2) if specified quantity levels are actually achieved or with respect to quantities
below a specified level;
(3) to production reserves committed by the Shipper;
(4) during specified time periods;
(5) to specified points of receipt, points of delivery, supply areas, Transportation
paths or defined geographical areas; or
(6) in a specified relationship to the quantities actually transported (i.e., that the
rates shall be adjusted in a specified relationship to quantities actually
transported).
In all circumstances, the discounted rate shall be between the maximum rate and the
minimum rate applicable to the service provided.
In addition, the discount agreement may include a provision that if one rate
component which was at or below the applicable Maximum Rate at the time the
discount agreement was executed subsequently exceeds the applicable Maximum Rate
due to a change in Transporter's Maximum Rates so that such rate component must be
adjusted downward to equal the new applicable Maximum Rate, then other rate
components may be adjusted upward to achieve the agreed overall rate, as long as
none of the resulting rate components exceeds the Maximum Rate applicable to that
rate component. Such changes to rate components shall be applied prospectively,
commencing with the date a Commission Order accepts revised rates.
However, nothing contained herein shall be construed to alter a refund obligation
under applicable law for any period during which rates that had been charged under
a discount agreement exceeded rates, which ultimately are found to be just and
reasonable.
32. OFF-SYSTEM CAPACITY
From time to time, Transporter may enter into Transportation and/or storage agreements
with other interstate and intrastate pipeline and storage providers ("off-system
capacity"). In the event that Transporter acquires off-system capacity, Transporter will
use such capacity for operational reasons or to render service for its Shippers. In the
event that Transporter uses off-system capacity to render service for its Shippers, it
will only render service to Shippers on the acquired capacity pursuant to this Tariff and
subject to Transporter's approved rates, as such tariff and rates may change from time to
time. For purposes of transactions entered into subject to this Section, the "Shipper must
have title" requirement is waived.