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.