Transwestern Pipeline Company
Second Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 07/01/2003, Docket: RP03-360-001, Status: Effective
Tenth Revised Sheet No. 95B.01 Tenth Revised Sheet No. 95B.01 : Effective
Superseding: Ninth Revised Sheet No. 95B.01
GENERAL TERMS AND CONDITIONS
(continued)
c) Any Releasing Shipper offering capacity for Capacity Release will, by electronically posting
capacity or by having Transporter electronically post capacity, automatically enter into an
amendment to Shipper's underlying contract, subject to procedures set out in Section 18.6 of
these General Terms and Conditions. Such amendment shall take effect only upon the
confirmation of a prearranged transaction or upon the award of such capacity.
d) The information set forth in the Offer to Release Capacity shall be posted on Transporter's
Internet Website by the Releasing Shipper, or by Transporter if requested by Releasing
Shipper. Transporter shall only post completed Offers to Release Capacity. Such information
shall be posted in accordance with the minimum time periods set forth in Section 30.5. With
respect to Offers to be posted by Transporter, Transporter shall post any such Offer upon
receipt, unless the Releasing Shipper requests otherwise. The Releasing Shipper may request a
posting time consistent with the time lines set forth in Section 30.5. A Releasing Shipper
shall separately provide to Transporter any minimum conditions that are
not to be disclosed in the Offer to Release Capacity.
e) Transporter shall post on its Internet Website the following information in the Offer to
Release Capacity:
1) the maximum reservation rate (including demand-type
surcharges) specifically applicable to the shipper's capacity being released,
2) the date and time by which bids must be submitted under the
applicable allocation method,
3) the date and time the notice is posted on the Internet Website
and
4) latest date and time capacity will be awarded in accordance
with the time lines set forth in this Section 30.
Transwestern will accept and process uploads of capacity release offers from releasing
shipper(s) (or its authorized third party service provider), provided the offer is received by
Transwestern at its designated site no later than fifteen (15) minutes prior to the respective
deadline in NAESB Standards (posting deadline for an Offer to Release Capacity). Such
received offer, if determined to be valid, should be posted as an Offer and should be
available for bidding in accordance with Section 30.5.
f) Withdrawal of Offer to Release Capacity: The Releasing Shipper may withdraw or cause
Transporter to withdraw the Offer to Release Capacity up to the close of the applicable bid
submittal period; provided, however, withdrawal will be allowed only if the Releasing Shipper
has an unanticipated requirement for the capacity and no minimum bid has been made. An Offer
to Release Capacity is binding until written or electronic notice of withdrawal is received by
Transporter.
g) Recall of Temporarily Released Capacity: A Releasing Shipper has the right to utilize the
standard tariff method as defined below or a Releasing Shipper has the right to define the
condition(s) precedent that will result in a recall and reput (return to Replacement Shipper)
of capacity subject to a Temporary Release by specifying such conditions in the Offer to
Release Capacity. The Releasing Shipper has no right to recall the released capacity, other
than any rights set forth in the Offer to Release Capacity. This released capacity is
recallable in whole or in part at the discretion of the Releasing Shipper. It shall be the
Replacement Shipper's responsibility to verify if the Releasing Shipper is adhering to the
conditions in the Offer to Release Capacity. At the end of the recall period, the capacity
recalled reverts (reputs) back to the Replacement Shipper in whole or in part. The terms and
conditions of any recall rights shall not be inconsistent with the terms and conditions of the
Releasing Shipper's existing service agreement with Transporter nor the provisions of
Transporter's FERC Gas Tariff. Transporter shall continue to apply all tariff provisions to
the Shipper of record until notified of a recall or notified of the termination of such recall
and shall change the Shipper of record on a prospective basis only after proper notification of
a change. Transporter has the right to rely on a Releasing Shipper's notice and a Releasing
Shipper shall defend and indemnify Transporter against any claims, losses, liabilities, or
expense (including reasonable attorney's fees) resulting from claims by any Replacement Shipper
that released capacity was not recalled in accordance with the recall rights specified in the
Offer to Release Capacity.