Kern River Gas Transmission Company
Second Revised Volume No. 1
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Effective Date: 01/01/2004, Docket: RP04- 68-000, Status: Effective
First Revised Sheet No. 861 First Revised Sheet No. 861 : Effective
Superseding: Original Sheet No. 861
RATE SCHEDULE SH-1
Kern River Firm Transportation Services
(Continued)
ARTICLE 9 - FORCE MAJEURE (Continued)
9.3 Monthly Reservation Charge Adjustments. Notwithstanding any of the
foregoing or any other provision to the contrary in this Rate Schedule
or the Firm Transportation Service Agreement, during the time period of
an incident of Force Majeure claimed by Transporter, Shipper's Monthly
Reservation Charge shall be adjusted according to the following:
9.3.1 Initial Force Majeure Periods. During any period of time
commencing with the first Day that Transporter, because of an
incident of Force Majeure, is unable to receive at the Primary
Receipt Points and/or deliver to the Primary Delivery Points all
Gas requested by Shipper to be transported in accordance herewith,
and ending on the earlier of the thirtieth (30th) consecutive Day
of such inability or the last consecutive Day of such inability,
Shipper's Monthly Reservation Charge shall be reduced from what it
would have been in the absence of such Force Majeure for such
period of time as follows:
(a) For any such period of time (or portion thereof) in which
Shipper's rate for service hereunder is a "one-part rate"
(i.e., one which is not based, in whole or in part, on the
actual quantity of Gas transported), Shipper's Monthly
Reservation Charge shall be reduced as follows:
MR = RC x FD x PR
Where,
MR = amount of money by which Shipper's Monthly Reservation
Charge is reduced because of Force Majeure
RC = Shipper's Daily Reservation/Demand Rate (if any),
absent Force Majeure
FD = number of Days in the month on which Transporter's
performance is affected by Force Majeure
PR = the lesser of