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Revised Original Sheet No. 284 Revised Original Sheet No. 284 : Superseded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

(continued)

 

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

additional remedies.

 

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.