Western Gas Interstate Company
Fourth Revised Volume No. 1
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Effective Date: 11/01/2003, Docket: RP00-461-002, Status: Effective
Second Revised Sheet No. 236 Second Revised Sheet No. 236 : Effective
Superseding: First Revised Sheet No. 236
GENERAL TERMS AND CONDITIONS
(continued)
(b) The imbalance charge provisions set forth in Section
19.3 of the General Terms and Conditions shall not
apply if the excess or deficiency quantities were
caused by Western's actions.
(c) Western shall have the right, entirely without the
obligation, upon determining that deficiency or excess
quantities were not willfully received or delivered by
Shipper to partially or completely waive any charge for
such imbalance to the extent that such waiver is not unduly
discriminatory, if in Western's judgment for the period for
which the charge was incurred: (a) authorized deliveries to
Western's other Shipper's were not reduced or otherwise
adversely affected by the taking of such quantities and
(b) Western's operations were not adversely affected.
19.7 Rights of Parties - The payment of an imbalance charge or a
waiver shall not give the Shipper the right to take
unauthorized quantities, nor prevent Western from seeking
additional remedies.
19.8 Failure to Nominate - If any Shipper under Rate Schedule IT-N
that has executed a Service Agreement fails to nominate any
volumes for transportation within 60 days of such execution,
Shipper's Service Agreement shall be terminated and Shipper's
request for service shall be considered null and void.
19.9 All penalty revenues received by Western pursuant to Section 19.3
and 19.4, net of all costs incurred by Western, shall be refunded
annually to all Shippers pro-rata based on the ration of each
Shipper's throughput for the most recent twelve (12) months to
the total throughput for all shippers for the same period.
20. REQUESTS FOR SERVICE; UNBUNDLING OF SERVICE:
20.1 Requests for Sales Service - Western shall accept written
requests for new sales service on a first-come, first-served
basis, subject to the availability of supply on Western's system.
20.2 Requests for Firm Transportation Service - Western shall
accept written requests for new firm transportation service
on a first-come, first-served basis, subject to the
availability of capacity on Western's system.