Central New York Oil And Gas Company, LLC

Original Volume No. 1

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Effective Date: 02/01/2007, Docket: CP07- 15-001, Status: Effective

Second Revised Sheet No. 13 Second Revised Sheet No. 13 : Effective

Superseding: Superseding First Revised Sheet No. 13

 

RATE SCHEDULE FSS (continued)

 

(2) If, due to Seller's scheduling of necessary

maintenance of pipeline facilities, events of

Force Majeure, necessary maintenance of

compression facilities and/or facility outages

for tie-in of new facilities, Seller fails to

Tender for redelivery or accept for storage

injection at the Point of Injection/Withdrawal

for the account of Customer during any Gas Day

the quantity of Gas that Customer has so

nominated for such Gas Day up to a Customer's

Maximum Daily Injection Quantity or Maximum

Daily Withdrawal Quantity, as applicable, then

subject to the provisions of the General Terms

and Conditions, Customer's Monthly bill shall

be reduced by an amount equal to the product

of

 

(i):

(A x B) / C

 

Where:

 

A = Maximum Storage Quantity

B = Capacity Reservation Rate

C = The Number of Days in the Month

and

 

(ii): the difference between such quantity

of Gas nominated for injection or

withdrawal up to the Maximum Daily

Injection Quantity or Maximum Daily

Withdrawal Quantity, as applicable, and

the applicable quantity actually injected

or withdrawn by Seller for the account of

Customer during such Gas Day. Such

reductions of Seller's Reservation

Charges

shall not be applicable if Seller and

Customer agree upon and place into effect

the makeup of such injection deficiency

or

withdrawal deficiency under mutually

acceptable terms.

 

If Customer's FSS Service Agreement includes a

South Lateral Quantity, a like adjustment to

the one described above shall be made to

Customer's bill to reflect reduction of the

amount due for the South Lateral Reservation

Rate.

 

(b) Commodity Charge: The Injection/Withdrawal Rate

shall be paid each Month for each Dekatherm of Gas

which Customer delivers or causes to be delivered

at

the Point of Injection/Withdrawal during the Month.