Western Gas Interstate Company
Third Revised Volume No. 1
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Effective Date: 06/01/1993, Docket: RS92- 53-003, Status: Effective
Revised Original Sheet No. 284 Revised Original Sheet No. 284 : Superseded
GENERAL TERMS AND CONDITIONS
by Shipper, whether or not pursuant to notification from
Western, shall be coordinated with Western's gas
dispatchers and in accord with the procedures set forth in
this Sections 15, 17 and 19.
19.5 Waiver of Imbalance Charges -
(a) If Western determines that due to operational
constraints or otherwise it cannot reasonably apply
any or all of the provisions set forth in Sections
19.3 and 19.4 it may, at its discretion, waive any or
all of such provisions; provided, however, any such
waiver shall be on a non-discriminatory basis.
(b) The imbalance charge provisions set forth in Section
19.3 of these 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 Shippers were
not reduced or otherwise adversely affected by the
taking of such quantities and b) Western's operations
were not adversely affected.
19.6 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
19.7 Failure to Nominate - If any Shipper under Rate Schedules
IT-N , IT-S or IT-DN 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.