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.