Westgas Interstate, Inc.

First Revised Volume No. 1

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Effective Date: 03/06/2009, Docket: RP09-342-000, Status: Effective

Third Revised Sheet No. 71 Third Revised Sheet No. 71

Superseding: Second Revised Sheet No. 71

 

GENERAL TERMS AND CONDITIONS

 

23. CAPACITY RELEASE PROGRAM (Continued)

 

23.7 AVAILABILITY OF RELEASED CAPACITY - Released capacity

shall be made available on a nondiscriminatory basis and

shall be assigned on the basis of an open season or

pre-arrangement in accordance with the procedures

described in Sections 23.8 and 23.10 below.

 

23.8 OPEN SEASON - The term of any open season to be

held as a consequence of the posting of a Releasing

Shipper’s notice of its election to release capacity

in accordance with Sections 23.4 or 23.5 hereof shall

be as specified, herein. No open season shall be

required for the following transactions: (1) a pre

arranged release that is for more than one year at

the maximum reservation charge applicable to the rate

schedule pursuant to which capacity is released under

this Volume No. 1 Tariff as in effect from time to

time and which meet all terms and conditions of the

release posted for the Releasing Shipper; (2) a

pre-arranged release for a term of thirty-one (31)

days or less; (3) a release of capacity to an asset

manager, as defined in Section 284.8(h)(3) of the

FERC’s regulations, 18 C.F.R. § 284.8(h)(3); and (4)

a release of capacity to a marketer participating in

a state-regulated retail access program, as defined

in Section 284.8(h)(4) of the FERC’s regulations, 18

C.F.R. § 284.8(h)(4). With respect to a pre-arranged

release which is not subject to an open season, the

Releasing Shipper shall provide Transporter notice of

such release as soon as possible, but not later than

the first nomination, after the release transaction

commences. For pre-arranged releases for a term of

thirty-one (31) days or less, Releasing Shipper may

not re-release such capacity to the same Acquiring

Shipper until twenty-eight (28) days after the first

release period has ended, unless the capacity is

awarded to the Acquiring Shipper pursuant to an open

season or the release qualifies as a transaction

under (1), (3) or (4) identified in this paragraph

above. All other releases shall be subject to an

open season requirement in accordance with the

following criteria:

 

(a) For releases (1) that are for a term less than

one (1) calendar month, (2) that are to commence on

the first day of a calendar month, and (3) that