Transwestern Pipeline Company, LLC
Third Revised Volume No. 1
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Effective Date: 11/01/2004, Docket: RP05- 14-000, Status: Effective
Original Sheet No. 44 Original Sheet No. 44 : Effective
RATE SCHEDULE FTS-1
Firm Transportation Service
(continued)
In estimating the revenues to be generated, Transporter will consider the existence
of capacity limitations downstream of the proposed new facilities, the marketability
of gas which may flow through said facilities, the interruptible versus firm nature
of the transportation service for the gas, and other similar factors which determine
whether gas will actually be transported through said facilities. Based on these
criteria, the economic value of a project shall be determined using a discounted
cash flow rate of return methodology with the minimum acceptable rate of return to
be published on Transporter's Electronic Bulletin Board, as amended from
time-to-time.
(d) Transporter shall not construct or modify any facilities hereunder which will result
in an increase or decrease in Transporter's mainline capacity, or which may
compromise the operational integrity of Transporter's pipeline system. For those
facilities which Transporter agrees to construct, Transporter will construct those
facilities (1) pursuant to the authorization granted in Subpart F of Part 157 of the
Regulations of the Federal Energy Regulatory Commission or (2) where the prior
authorization of the Federal Energy Regulatory Commission is not required to
construct such facilities. Transporter will own and operate all facilities
constructed hereunder. To the extent Shipper's reimbursement of Transporter's costs
incurred to construct new facilities hereunder qualifies as a contribution in aid of
construction under the Tax Reform Act of 1986, Pub. L. No. 99-514 (1986), as amended
from time-to-time, Shipper shall also reimburse Transporter for Federal income taxes
incurred by Transporter as a direct result of such contributions in aid of
construction by Shipper.
(e) Transporter shall have the right at any time during a calendar year to terminate,
prospectively for the remainder of that calendar year, the reimbursement program
described in Paragraph (c) above for new projects.