Transwestern Pipeline Company

Second Revised Volume No. 1

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Effective Date: 03/04/2002, Docket: RP02-157-000, Status: Effective

Fourth Revised Sheet No. 72B Fourth Revised Sheet No. 72B : Effective

Superseding: Third Revised Sheet No. 72B

GENERAL TERMS AND CONDITIONS

(continued)

 

 

2) Transporter may elect to archive historical data off-line from time to time. User

may access this data as follows:

 

i) User may send a written request or an electronic mail request to Transporter

requesting the historical data required.

 

ii) Transporter will retrieve and copy requested information electronically within

two weeks of the date of the request, and make such available to the user.

 

18.6 Electronic Contract Execution

 

Shippers may request and contract for service under Rate Schedules FTS-1, LFT, FTS-3, EFBH and

ITS-1, PNR Service Agreements, and Operator Balancing Agreements electronically.

 

A. Under the Capacity Release Program of this Tariff, a prospective Shipper or bidder may

submit a Valid Bid or request transportation service electronically in accordance with

Section 30 of these General Terms and Conditions. In such event, Transporter may tender

a Transportation Service Agreement, and such party and Transporter may enter into and

execute a Transportation Service Agreement, in accordance with an applicable Rate

Schedule of this Tariff by electronic means, provided that: (1) such party shall have

previously met the credit requirements of the applicable Rate Schedule and (2) that such

party and Transporter mutually agree in writing to the terms and conditions of the

electronic interchange of data necessary to accomplish contracting for transportation

service by electronic means. The requirements in the applicable Rate Schedule that a

Transportation Service Agreement be requested, tendered, and entered into (i.e.

executed), and the requirement under the Capacity Release Program that a Valid Bid be

submitted, shall be deemed satisfied when accomplished by electronic means.

 

B. A prospective Shipper may submit a request for transportation service electronically for

Service Agreements under Rate Schedules FTS-1, LFT, FTS-3, EFBH, ITS-1, and PNR and

Operator Balancing Agreements. In such event, Transporter may tender a Transportation

Service Agreement, and such Party and Transporter may enter into and execute a

Transportation Service Agreement, in accordance with an applicable Rate Schedule of this

Tariff by electronic means, provided that (1) such party shall have previously met the

credit requirements of the applicable Rate Schedule, and (2) that such party and

Transporter mutually agree in writing to the terms and conditions of the electronic

interchange of data necessary to accomplish contracting for transportation service by

electronic means. The requirements in the applicable Rate Schedule that a Transportation

Service Agreement be requested, tendered and entered into (i.e. executed) shall be deemed

satisfied when accomplished by electronic means.

 

C. Transporter and Shipper may enter into transactions and create binding obligations by

means of electronic execution of documents under these procedures. These documents

include, but are not limited to, service agreements, amendments to service agreements,

PNR service agreements, Operator Balancing Agreements, and any other agreements that

Transporter shall make available on Transporter's web site ("Documents"). Execution of

these documents under the terms mutually agreed for electronic means shall be considered,

in connection with any transaction, to be a "writing" or "in writing" and any such

Document shall be deemed for all purposes (a) to have been "signed" ("Signed Document")

and (b) to constitute an "original" when printed from electronic files or records

established and maintained in the normal course of business. All parties agree not to

contest the validity or enforceability of such Signed Documents under the provisions of

any applicable law relating to whether certain agreements are to be in writing or signed

by the party to be bound thereby. Further, Signed Documents, if introduced as evidence

on paper in any judicial arbitration, mediation or administrative proceeding, will be

admissible as between the parties to the same extent and under the same conditions as

other business records originated and maintained in documentary forms.