Ozark Gas Transmission, L. L. C.
Original Volume No. 1
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Effective Date: 11/01/1998, Docket: CP98-266-002, Status: Effective
Original Sheet No. 45 Original Sheet No. 45 : Effective
RATE SCHEDULE ITS (continued)
3.7 At the time that an ITS Agreement is executed, Shipper
shall provide the names of the entities ultimately
receiving the Natural Gas to be transported (except where
the Shipper is an LDC, interstate pipeline or intrastate
pipeline purchasing the gas for its system supply) and
verification that all end-users have executed sales
contracts to use the transportation service provided for
in the ITS Agreement.
3.8 A Shipper's Priority Date for purpose of scheduling
pursuant to Section 5 of this Rate Schedule ITS shall be
the date on which Transporter receives a valid request
for service pursuant to this Section 3; provided,
however, that if Shipper fails, for reasons not
attributable to Shipper's or Transporter's force majeure,
to tender quantities of Natural Gas for interruptible
transportation service pursuant to this Rate Schedule ITS
on the later of (a) fifteen (15) Days after the ITS
Agreement is executed or all necessary construction has
been completed and permits obtained, or (b) within
fifteen (15) Days of the date service is scheduled to
commence pursuant to the executed ITS Agreement, provided
that service shall be scheduled to commence no later than
ninety (90) Days after receipt by Transporter of a valid
request for service, then Shipper's Priority Date for
purposes of scheduling pursuant to Section 5 of this Rate
Schedule ITS shall be the date Shipper first tenders gas
at any Point of Receipt under the ITS Agreement.
3.9 Subsequent requests for changes or additions to an
executed ITS Agreement shall affect the Shipper's
Priority Date as follows:
(a) Requests for additional Points of Receipt or changes
in the entity ultimately receiving the gas to be
transported pursuant to this Section 3 shall not
affect the Priority Date of an executed ITS
Agreement as set forth above.
(b) Requests for an additional Point of Delivery and/or
any incremental increase in the MDQ at a Point of
Delivery pursuant to this Section 3 shall require a
new request for interruptible transportation service
setting forth such additional Point of Delivery
and/or incremental volume; provided, however,
Transporter may waive this provision on a
non-discriminatory basis in the event Transporter
constructs a new Point of Delivery to effectuate
deliveries hereunder to Shipper and Shipper elects
to transfer all or a portion of the MDQ set forth in
Shipper's executed ITS Agreement for existing
Point(s) of Delivery thereunder to the new Point of
Delivery, and only if the