Florida Gas Transmission Company, LLC

Fourth Revised Volume No. 1

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Effective Date: 09/01/2006, Docket: RP06-463-000, Status: Effective

Original Sheet No. 275 Original Sheet No. 275 : Effective

GENERAL TERMS AND CONDITIONS

(continued)

(h) Shippers serving Exempt Uses shall resubmit data to the

DVC as required in Section 17A4(d) above on the third

July 31 following implementation of this plan and on

every third July 31 thereafter, for use by the DVC in

revising levels of Exempt Uses in accordance with this

Section 17A. To the extent a new Delivery Point is

utilized and no Exempt/Non-Exempt Uses classification is

in place for such point, or to the extent a new Shipper

or new end-use customer of such Shipper for whom no

Exempt/Non-Exempt Uses classification is in place

commences service under one of Transporter's Firm Rate

Schedules, the Shipper, to the extent it seeks an Exempt

Uses designation for all or part of its capacity, shall

submit data to Transporter indicating its end-use

classification. The DVC shall establish procedures to

address new Exempt Uses requests submitted between

established DVC meetings and shall attempt to make a

determination of such Shipper's Exempt Uses, if any,

within ninety (90) days of its receipt of all required

data. If a curtailment event occurs after such data is

submitted to Transporter but before the DVC has made a

determination as to the submitting Shipper's Exempt

Uses, such uses shall be treated as Exempt Uses during

such curtailment event as if such treatment had been

requested under the Emergency Procedures provided in

Section 17A5 below; provided, however, for purposes of

such emergency treatment, the Shipper that had submitted

such new data to Transporter shall not be required to

submit the data required in Section 17A5(a) below but

shall be subject to the penalties set forth in Section

17A7 below if the DVC ultimately denies such request for

Exempt Use status.

5. Emergency Procedure for Exempt Use Classification -- In order

to serve peak firm requirements or address unforeseen events

affecting Exempt Uses that could not have been recognized

sufficiently in advance to enable certification of gas uses

for Exempt Uses status (including events under circumstances

in which a Shipper has facilities enabling the use of

Alternate Fuel, but, through no fault of such Shipper,

Alternate Fuel is not physically available), the following

actions may be taken by Shippers entitled to service under