Ozark Gas Transmission, L. L. C.

First Revised Volume No. 1

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Effective Date: 07/26/2009, Docket: RP09-787-000, Status: Effective

Original Sheet No. 190 Original Sheet No. 190

 

GENERAL TERMS AND CONDITIONS (continued)

 

32. NEGOTIATED RATES

 

32.1. Availability

 

Shipper and Transporter may agree to negotiated rates that may be

less than, equal to or greater than the maximum or minimum rates

applicable to service under Rate Schedules FTS, ITS or PAL, as

applicable; may be based on rate design other than straight fixed

variable; and may include a minimum quantity, production

dedication or other form of consideration. Under a Negotiated

Rate, Shipper and Transporter may agree to rates that differ from

the recourse rates for charges identified in Sections 3.2 and 3.3

of Rate Schedule FTS, Section 3.1 of Rate Schedule ITS or Sections

3.2 and 3.2 of Rate Schedule PAL, as applicable, and/or the fuel

retention percentage identified in Section 3.4(b) of Rate Schedule

FTS and Section 3.2(b) of Rate Schedule ITS. The applicable

maximum rates shall be available to any Shipper that does not

choose a Negotiated Rate.

 

32.2 Allocation of Capacity

 

Shippers paying a Negotiated Rate that exceeds the applicable

maximum rate will be considered to be paying the maximum rate for

purposes of scheduling, curtailment and interruption, and

calculating the economic value of a request for unsubscribed firm

capacity.

 

32.3 Bidding for ROFR Capacity

 

The cap for bidding for capacity under the right of first refusal

provisions in Section 15 of the General Terms and Conditions of

this FERC Gas Tariff is the maximum recourse rate.

 

32.4 Capacity Release

 

Replacement Shippers may not bid or pay rates greater than the

maximum applicable rates for capacity releases with a term of more

than one year and are not eligible for Negotiated Rates. Capacity

releases with a term of one year or less are not subject to the

foregoing maximum applicable rate ceiling. A Shipper that has

acquired firm capacity under a volumetric rate pursuant to

Transporter's Negotiated Rate provisions is not eligible to

release its capacity.