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