Transwestern Pipeline Company
Second Revised Volume No. 1
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Effective Date: 01/01/2003, Docket: RP00-490-002, Status: Effective
Seventh Revised Sheet No. 70 Seventh Revised Sheet No. 70 : Effective
Superseding: Sixth Revised Sheet No. 70
GENERAL TERMS AND CONDITIONS
Any company which shall succeed by purchase, merger, or consolidation to the
properties, substantially as an entirety, of Transporter or of Shipper or of
Operator, as the case may be, shall be entitled to the rights and shall be
subject to the obligations of its predecessors in title under a Service
Agreement or Operator Balancing Agreement. Any party may, without relieving
itself of its obligations under such agreement, assign any of its rights
thereunder to a company with which it is affiliated, but otherwise no
assignment of such agreement, or of any of the rights or obligations
thereunder shall be made unless there first shall have been obtained the
consent thereto of Transporter, in the event of any assignment by Shipper or
Operator, or the consent thereto of Shipper or Operator, in the event of any
assignment by Transporter. These restrictions on assignment shall not in any
way prevent any party from pledging or mortgaging its rights under a Service
Agreement or Operator Balancing Agreement as security of its indebtedness.
15. OPERATOR BALANCING AGREEMENTS
15.1 All Operators of gas transportation, processing, treating,
production, or other facilities which either deliver gas into or
receive gas from Transporter's system (except for customers under
Rate Schedule FTS-2) must execute an Operator Balancing Agreement
("OBA") in the form contained in this Tariff. An OBA is a contract
between two parties which specifies the procedures to manage
operating variances at an interconnect.
15.2 Prior to execution of the OBA by an Operator, delivery of gas into
Transporter's system or receipt of gas from Transporter's system
shall constitute Operator's agreement to the terms of the OBA in this
15.3 Transporter may amend the OBA from time to time by filing, with the
Federal Energy Regulatory Commission, revisions to the form of
service agreement (Service Agreement-Form N).
15.4 The following Sections of these General Terms and Conditions of this
Tariff shall be applicable to Operator Balancing Agreements: Sections
1, 2, 4, 5, and 34.
15.5 Transporter will file with the Federal Energy Regulatory Commission
on a monthly basis, any supplemental provisions negotiated and made a
part of the Operator Balancing Agreement with any Operator.
Transporter shall post such changes on its Electronic Bulletin Board
each month for a period of seven (7) days.
15.6 All penalty revenues collected pursuant to the OBA's will be refunded to
shippers annually, based upon the ratio of each shipper's scheduled throughput
and the total system scheduled throughput.