Ozark Gas Transmission, L. L. C.

First Revised Volume No. 1

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Effective Date: 11/16/2009, Docket: RP09-1040-000, Status: Effective

Original Sheet No. 191A Original Sheet No. 191A

 

GENERAL TERMS AND CONDITIONS (continued)

 

33.3 In the event that Transporter rejects Shipper's request for a

discounted rate, Transporter shall notify Shipper via e-mail of

the reason for such rejection.

 

33.4 The terms of any discount request granted by Transporter pursuant

to this Section 33 shall be transmitted by e-mail to Shipper in

the form of a Discount Confirmation. The Discount Confirmation

shall identify the applicable Shipper's name, contract number,

rate schedule, term of the discount, discount rate, applicable

quantities, Point(s) of Receipt and Point(s) of Delivery, and/or

the pipeline path being discounted. The Discount Confirmation may

also include other information required for posting under the

Commission's regulations and other conditions consistent with

Section 33.2. No particular discount transaction shall be

contractually binding on either Transporter or Shipper until

Transporter has confirmed the terms of the discount upon

Transporter's e-mail to Shipper of the Discount Confirmation for

the transaction, subject to the underlying Service Agreement being

fully executed. All discounts granted shall be effective no

sooner than the beginning of the next Gas Day following the Gas

Day on which the request is granted by Transporter. Once the

discount is contractually binding, the Discount Confirmation will

constitute an addendum to the underlying Service Agreement. Each

such addendum is an integral part of the underlying Service

Agreement as if executed by both parties and fully copied and set

forth at length therein.

 

33.5 If Transporter's recourse rates are subject to refund at any time

during the effectiveness of a Discount Confirmation, with respect

to the applicable discounted rate, Shipper shall be entitled to

refunds of payments made by Shipper only in the event that the

final, non-appealable maximum recourse rate, whether usage-based

or reservation-based, as determined by the Commission for a given

time period is lower than the rate actually paid by Shipper during

such time period. Subject to the condition precedent set forth in

the immediately preceding sentence, Shipper's principal refund

amount shall be equal to (i) with respective to usage-based rates,

the product of (aa) the positive difference between the final,

non-appealable maximum recourse rate and the discounted rate, and

(bb) the quantities of gas delivered to Shipper, or for Shipper's

account, during the refund period; and (ii) with respect to

reservation-based rates, the product of (cc) the positive

difference between the final, non-appealable maximum recourse rate

and the discounted rate, (dd) the MDQ covered by the discounted

rate, and (ee) the number of months in the refund period (partial

months shall be prorated for the number of days in the month that

fall within the refund period and a discounted rate that is not a

monthly rate shall be adjusted for purposes of this calculation to

reflect the monthly equivalent of the rate).