Transwestern Pipeline Company, LLC

Third Revised Volume No. 1

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Effective Date: 07/18/2010, Docket: RP10-853-000, Status: Effective

Second Revised Sheet No. 123 Second Revised Sheet No. 123

Superseding: First Revised Sheet No. 123

 

GENERAL TERMS AND CONDITIONS

(continued)

 

14. ASSIGNMENT

 

Any company which shall succeed by purchase, merger, or consolidation to the

properties, substantially as an entirety, of Transporter or of Shipper or of

Operator, as the case may be, shall be entitled to the rights and shall be

subject to the obligations of its predecessors in title under a Service

Agreement or Operator Balancing Agreement. Any party may, without relieving

itself of its obligations under such agreement, assign any of its rights

thereunder to a company with which it is affiliated, but otherwise no

assignment of such agreement, or of any of the rights or obligations

thereunder shall be made unless there first shall have been obtained the

consent thereto of Transporter, in the event of any assignment by Shipper or

Operator, or the consent thereto of Shipper or Operator, in the event of any

assignment by Transporter. These restrictions on assignment shall not in any

way prevent any party from pledging or mortgaging its rights under a Service

Agreement or Operator Balancing Agreement as security of its indebtedness.

 

15. OPERATOR BALANCING AGREEMENTS

 

15.1 All Operators of gas transportation, processing, treating, production,

or other facilities which either deliver gas into or receive gas from

Transporter's system (except for customers under Rate Schedule FTS-2)

must execute an Operator Balancing Agreement ("OBA") in a form

consistent with the principles of the NAESB Model OBA. An OBA is a

contract between two parties which specifies the procedures to manage

operating variances at an interconnect.

 

15.2 Prior to execution of the OBA by an Operator, delivery of gas into

Transporter's system or receipt of gas from Transporter's system

shall constitute Operator's agreement to the terms of the Default OBA in this

Tariff.

 

15.3 Transporter may amend the Default OBA from time to time by filing with the

Federal Energy Regulatory Commission.

 

15.4 The following Sections of these General Terms and Conditions of this

Tariff shall be applicable to the Operator Balancing Agreements: Sections

1, 2, 4, 5, and 34.

 

15.5 Transporter will make executed copies of OBA's available upon request

pursuant to Federal Energy Regulatory Commission policy.

 

15.6 All penalty revenues collected pursuant to the OBA's will be refunded

to shippers annually, based upon the ratio of each shipper's scheduled

throughput and the total system scheduled throughput.