Ozark Gas Transmission, L. L. C.
Original Volume No. 1
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Effective Date: 03/01/2002, Docket: RP02-155-000, Status: Effective
Original Sheet No. 34D Original Sheet No. 34D : Effective
RATE SCHEDULE FSS
FIRM STORAGE SERVICE (Continued)
12.5 Partial Reservation Charge Credits in Force Majeure
Circumstances. If during any Month Transporter shall have
failed, by reason of force majeure, to deliver or receive
for the account of Shipper on any Day a quantity of Natural
Gas equivalent to the Maximum Daily Withdrawal Quantity or
such lesser quantity of Natural Gas (exclusive of Fuel Usage
and Applicable Shrinkage) as shall have been tendered by or
for the account of Shipper (a "Firm Delivery Shortfall"),
Transporter shall become obligated to provide a partial
demand charge credit in favor of Shipper, as specified in
this Section 12.5. Notwithstanding the occurrence of a Firm
Delivery Shortfall, Shipper shall remain obligated to pay to
Transporter the full amount of the applicable monthly
Reservation Charges specified in Section 5.2 of this Rate
Schedule FSS and the applicable FSS Service Agreement for
the Month in which the Firm Delivery Shortfall occurred.
Transporter shall, however, reflect in the invoice rendered
Shipper for service under the applicable FSS Service
Agreement in the next succeeding Month partial reservation
charge credits corresponding to the Firm Delivery Shortfall.
Such partial reservation charge credits shall be calculated
as to each Day in which a Firm Delivery Shortfall occurred
by multiplying (i) the amount of the Firm Delivery Shortfall
on such Day by (ii) the result of dividing (x) the Equity
Return and Associated Income Tax Component (as defined in
the next sentence) by (y) the number of Days in the
applicable Month. For purposes of performing this
calculation, the Equity Return and Associated Income Tax
Component shall be deemed to be the percentage of the
monthly Reservation Charges which the allowance for return
on equity and associated income taxes underlying
Transporter's then-effective FSS rates bears to the total
cost of service underlying those rates, as reflected in the
rate settlement or FERC order authorizing Transporter to
collect such rates.