National Fuel Gas Supply Corporation
Fourth Revised Volume No. 1
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Effective Date: 08/01/1997, Docket: RP97-398-000, Status: Effective
Original Sheet No. 208 Original Sheet No. 208 : Effective
RATE SCHEDULE SS-1
110-DAY UNDERGROUND STORAGE SERVICE
5. CREDIT FOR DEFAULT QUANTITIES (Cont'd.)
"Credit" represents the amount of credit to be applied against Buyer's
payments due to Transporter;
"Buyer's Payments" represents the sum of Buyer's payments to
Transporter in the immediately preceding contract year;
"Default Quantities" represents the sum of Quantities of Gas on each
day of the Injection Season and of the Withdrawal Season in such
contract year;
(a) which were tendered by Buyer and duly requested by Buyer to be
injected or which were in storage and duly requested to be
withdrawn and delivered,
(b) which Transporter was obligated to accept for injection or to
withdraw and deliver under Buyer's effective Underground Storage
Service Agreement, and
(c) which Transporter, by reason of its sole negligence or willful
breach of the terms of service hereunder, failed to accept for
injection or withdraw and deliver prior to the end of such
Injection Season or Withdrawal Season; and
"Buyers Annual Storage Quantity" represents the Annual Storage
Quantity applicable according to Buyer's Underground Storage Service
Agreement as in effect during the applicable contract year; provided
that such credit shall be contingent upon Buyer having used its best
efforts to, as the case may be,
(a) make available for injection, during the remaining portion of
such Injection Season, Quantities of Gas equivalent to the
Default Quantities occurring during such Injection Season, or
(b) accept Quantities of Gas withdrawn from storage, during the
remaining portion of such Withdrawal Season, equivalent to the
Default Quantities occurring during such Withdrawal Season.
Any credit due at the end of the last contract year in which Buyer's
Underground Storage Service Agreement is in effect shall be paid in
cash by Transporter to Buyer. The provisions of this Paragraph 5
shall not in any way affect rights which Buyer has under Paragraph 2
of this rate schedule.