Transwestern Pipeline Company, LLC

Third Revised Volume No. 1

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Effective Date: 10/23/2006, Docket: RP06-604-000, Status: Effective

Second Revised Sheet No. 128 Second Revised Sheet No. 128 : Effective

Superseding: First Revised Sheet No. 128

GENERAL TERMS AND CONDITIONS

(continued)

 

 

2) Transporter may elect to archive historical data off-line from time to time. User may

access this data as follows:

 

i) User may send a written request or an electronic mail request to Transporter

requesting the historical data required.

 

ii) Transporter will retrieve and copy requested information electronically within

two weeks of the date of the request, and make such available to the user.

 

18.6 Electronic Contract Execution

 

Shippers may request and contract for service under any Rate Schedule herein or an Operator

Balancing Agreement electronically.

 

A. Under the Capacity Release Program of this Tariff, a prospective Shipper or bidder may

submit a Valid Bid or request transportation service electronically in accordance with

Section 30 of these General Terms and Conditions. In such event, Transporter may tender

a Service Agreement, and such party and Transporter may enter into and execute a Service

Agreement, in accordance with an applicable Rate Schedule of this Tariff by electronic

means, provided that: (1) such party shall have previously met the credit requirements of

Section 13 herein and (2) that such party and Transporter mutually agree in writing to

the terms and conditions of the electronic interchange of data necessary to accomplish

contracting for transportation service by electronic means. The requirements in the

applicable Rate Schedule that a Service Agreement be requested, tendered, and entered

into (i.e. executed), and the requirement under the Capacity Release Program that a Valid

Bid be submitted, shall be deemed satisfied when accomplished by electronic means.

 

B. A prospective Shipper may submit a request electronically for service under any Rate

Schedule herein or an Operator Balancing Agreement. In such event, Transporter may

tender a Service Agreement, and such Party and Transporter may enter into and execute a

Service Agreement, in accordance with an applicable Rate Schedule of this Tariff by

electronic means, provided that (1) such party shall have previously met the credit

requirements of the applicable Rate Schedule, and (2) that such party and Transporter

mutually agree in writing to the terms and conditions of the electronic interchange of

data necessary to accomplish contracting for transportation service by electronic means.

The requirements in the applicable Rate Schedule that a Service Agreement be requested,

tendered and entered into (i.e. executed) shall be deemed satisfied when accomplished by

electronic means.

 

C. Transporter and Shipper may enter into transactions and create binding obligations by

means of electronic execution of documents under these procedures. These documents

include, but are not limited to, Service Agreements, amendments to Service Agreements,

PNR Service Agreements, Operator Balancing Agreements, and any other agreements that

Transporter shall make available on Transporter's Internet Website ("Documents").

Execution of these documents under the terms mutually agreed for electronic means shall

be considered, in connection with any transaction, to be a "writing" or "in writing" and

any such Document shall be deemed for all purposes (a) to have been "signed" ("Signed

Document") and (b) to constitute an "original" when printed from electronic files or

records established and maintained in the normal course of business. All parties agree

not to contest the validity or enforceability of such Signed Documents under the

provisions of any applicable law relating to whether certain agreements are to be in

writing or signed by the party to be bound thereby. Further, Signed Documents, if

introduced as evidence on paper in any judicial arbitration, mediation or administrative

proceeding, will be admissible as between the parties to the same extent and under the

same conditions as other business records originated and maintained in documentary forms.