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.