Ozark Gas Transmission, L. L. C.
First Revised Volume No. 1
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Effective Date: 01/09/2010, Docket: RP10-232-000, Status: Effective
First Revised Sheet No. 191 First Revised Sheet No. 191
Superseding: Original Sheet No. 191
GENERAL TERMS AND CONDITIONS (continued)
33. DISCOUNT TERMS
33.1 Any Shipper desiring a discount of the maximum recourse rates for
service under any of Transporter's rate schedules must submit a
valid request for such discount pursuant to the procedures of this
Section 33. To be considered a valid request, Shipper must
complete and submit a request for discount via the LINK® System,
specifically including the information for all mandatory fields.
Upon receipt of a valid request for a discount, Transporter will
log such request and either deny or grant such request.
33.2 Transporter shall not be obligated to discount its rates for
services under this FERC Gas Tariff. In the event that
Transporter agrees to discount its maximum recourse rates under
any of its rate schedules, Transporter and Shipper may agree to
the types of discounts specified herein without such discounts
constituting a material deviation from Transporter's pro forma
Service Agreement. Transporter and Shipper may agree that a
specified discounted rate will apply:
(a) only to specified quantities under the Service Agreement;
(b) only if specified quantities are achieved or only with
respect to quantities below a specified level;
(c) only during specified periods of the year or for a
specifically defined period;
(d) only to specified points, combination of points, markets,
transportation paths or other defined geographic area(s);
(e) only to reserves committed by Shipper;
(f) only in a specified relationship to the quantities actually
delivered (i.e., that the reservation charge will be
adjusted in a specified relationship to quantities actually
delivered);
(g) so that the applicable rate may be adjusted in the following
manner: when one rate component, which was equal to or
within the applicable maximum and minimum recourse rates at
the time Shipper received the Discount Confirmation pursuant
to Section 33.4 below specifying the terms of the discount,
subsequently exceeds the applicable maximum recourse rate or
is below the applicable minimum recourse rate, so that such
rate component must be adjusted downward or upward to equal
the new applicable maximum or minimum recourse rate, then
other rate components may be adjusted upward or downward to
achieve the agreed-upon overall rate, so long as none of the
resulting rate components exceed the maximum recourse rate
or are below the minimum recourse rate applicable to the
rate component (such changes to rate components shall be
applied prospectively, commencing with the date a Commission
order accepts revised recourse rates; however, nothing
contained herein shall be construed to alter a refund
obligation under applicable law for any period during which
rates which had been charged under a discount agreement
exceeded rates which ultimately are found to be just and
reasonable); and/or
(h) based upon published index prices for specific Point(s) of
Receipt and/or Point(s) of Delivery or other agreed-upon
published pricing reference points for price determination
(such discounted rate may be based upon a single published
index price or the differential between published index
prices or arrived at by formula;
provided that the discounted rate shall not change the underlying
rate design, shall not include any minimum bill or minimum take
obligation, and shall define the rate component to be discounted).
Notwithstanding the foregoing, no discounted rate shall be less
than the applicable minimum rates.