Midwestern Gas Transmission Company

Third Revised Volume No. 1

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Effective Date: 01/07/2008, Docket: RP08- 49-000, Status: Effective

Original Sheet No. 59A Original Sheet No. 59A : Pending

 

RATE SCHEDULE FT-B

FIRM TRANSPORTATION SERVICE

 

 

8. FAILURE OF COMPANY

 

8.1 In the event Company fails to deliver on any day the quantity of gas requested

up to the Transportation Quantity that Company is obligated by the FT-B

Agreement to deliver to Shipper on such day, then Shipper shall not be relieved

from its obligation to make payment of amounts then due or that become due

hereunder including, but not limited to, the Demand Charge(s) set forth in this

Rate Schedule if such failure is attributable to Shipper's conduct or results

from an event that excuses performance under Section 10 of the General Terms

and Conditions. Provided that:

 

(a) in situations in which Company's failure to deliver the Scheduled

Quantities results from a force majeure event that excuses performance

under Section 10 of the General Terms and Conditions, Shipper will remain

liable for all amounts due or that become due under the Rate Schedule

during the time of reduced deliveries for a period not to exceed ten days

from the occurrence of the force majeure event;

 

(b) in situations in which Company's failure to deliver the Scheduled

Quantities results from repair and maintenance that excuses performance

under Section 10 of the General Terms and Conditions, Shipper will remain

liable for all amounts due or that become due under this Rate Schedule

only to the extent that Company has provided 30 days prior notice of the

repair and maintenance to Shipper. If a Shipper does not receive all

Scheduled Quantities due to maintenance and repair, then, to the greatest

extent possible, such Shipper will be provided an opportunity to

re-schedule the quantities at the FT-B commodity rate that Company failed

to deliver even if such scheduling would result in a Shipper exceeding its

Transportation Quantity on a given day.

 

8.2 In all other circumstances not referenced in Subsection 8.1 above, including

the issuance of an Operational Flow Order, if Company fails to tender for

delivery during any one or more days 95 percent of the Scheduled Quantity up to

the Transportation Quantity specified in the transportation contract, then the

Demand Charge as otherwise computed hereunder shall be reduced by an amount

equal to the applicable Daily Demand Rate per Dekatherm times the difference

between the quantity of natural gas tendered for delivery during said day or

days, and 95 percent of the Scheduled Quantity. If Company fails to schedule

the full quantity nominated by a Shipper as a result of an Operational Flow

Order, then the Demand Charge as otherwise computed hereunder shall be reduced

by an amount equal to the applicable Daily Demand Rate per Dekatherm times the

difference between the quantity nominated by Shipper and the quantity scheduled

by Company.

 

9. GENERAL TERMS AND CONDITIONS

 

Shipper shall provide Company with such information as is needed to meet the

requirements placed on Company by regulation, rule, and/or order. Furthermore, any

terms or conditions not specified in this Rate Schedule shall be determined consistent

with Company's General Terms and Conditions specified in Volume I of Company's Tariff,

which are incorporated into this Rate Schedule. To the extent any terms and

conditions specified in this Rate Schedule are inconsistent with the General Terms and

conditions, the General Terms and Conditions shall govern. To the extent any terms

and conditions specified in any FT-B Agreement pursuant to this Rate Schedule are

inconsistent with any terms and conditions specified in this Rate Schedule, then the

terms and conditions of this Rate Schedule shall govern.