Energy West Development, Inc.

Original Volume No. 1

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Effective Date: 06/11/2010, Docket: RP10-732-000, Status: Effective

Second Revised Sheet No. 37 Second Revised Sheet No. 37

Superseding: First Revised Sheet No. 37


General Terms and Conditions


(e) Daily Scheduling Penalties. Transporter will not impose any daily

scheduling penalties as a result of nomination changes notified under

Section 4.1(d) of the General Terms and Conditions of this Tariff, if

the Shipper can demonstrate that it made a good faith attempt to accept

Electronic Communication, and such Electronic Communication could not be

accepted through no fault of Shipper, such as an event of force majeure

affecting Shipper’s facilities. In addition, where an interruptible

Shipper’s nomination is bumped by a firm Shipper’s Intra-day Nomination,

Transporter will, in noncritical situations, waive any daily scheduling

penalty for such bumped interruptible Shipper.


4.2 Nominations. Nominations for Transportation of Gas must be received by 12:00 P.M.

one Business Day prior to the commencement of service. During all extreme operating

conditions, late nominations will be accepted if the Transporter is able to confirm

and schedule the nominated volumes with the interconnecting pipeline(s). Nominations

must be placed in a manner specified by the Transporter and transmitted electronically

to Transporter. Nominations submitted after the deadline or nominations not submitted

in the manner specified by the Transporter may be rejected at the sole discretion of

the Transporter. If the Transporter is unable to confirm the nomination, Shipper will

be notified as soon as the problem is identified by Transporter. Any discrepancy in

nominations that cannot be resolved shall result in Shipper receiving the lesser of the

nominated volume or the volume confirmed with the interconnecting party. Transporter

shall have the right to require nomination changes that ensure net receipts and

deliveries match. Nominations will be scheduled in the following order: 1)

Firm Transportation Service at Primary Point(s) of Receipt, 2) Firm Transportation

Service at Secondary Point(s) of Receipt, 3) Interruptible Transportation at all Point(s)

of Receipt, 4) Imbalance Resolution Gas. If it becomes necessary to allocate within

specific classes as noted above, Shippers will be allocated a proportionate share of the

Receipt Point capacity as follows:


Shippers nominated volume x Receipt Point = Allocated Volume

Total nominated volume to Capacity to

Be allocated be allocated


A confirmed nomination at Point(s) of Receipt with an operational balancing agreement

will result in the confirmed nomination being allocated to the Shipper’s account. At

Point(s) of Receipt without an operational balancing agreement, volumes will be allocated

on the basis of actual metered volumes using a predetermined allocation if more than one

Shipper is nominating at the applicable Point of Receipt. The Transporter reserves the

right to reject any nomination not within the Transporter’s ability to monitor.


(a) Bumping.


Transporter will give scheduling priority to firm nominations submitted during the

Evening Nomination and Intra-day 1 Nomination Cycles over previously nominated and

scheduled volumes for interruptible services. The elapsed-prorated-scheduled

quantity process will apply to those nominations bumped in the Intra-day 1

Nomination Cycle.


Interruptible Shippers that are bumped will be provided a notice of bumping along

with a notice stating whether penalties shall apply on the day their volumes are

reduced. Bumping notice statements will be provided in the same manner as OFO

notices. In addition, bumping notice statements will be sent through email or

direct notification to a Shipper's URL address. Transporter will waive non-

critical penalties for bumped Shippers on the day of the bump.