Ozark Gas Transmission System

First Revised Volume No. 1

Effective Date: 06/01/1997, Docket: RP97-179-004, Status: Effective

Fourth Revised Sheet No. 38 Fourth Revised Sheet No. 38 : Superseded

Superseding: Third Revised Sheet No. 36

GENERAL TERMS AND CONDITIONS

(Continued)

In the event Customer fails to agree upon the appropriate

corrective action to be implemented with Transporter's gas

dispatchers within two business days after notification,

and/or fails to implement the corrective action agreed upon,

Transporter shall in the event of over-deliveries, charge

Customer a penalty equal to $1.00 per Dth multiplied by the

excess quantity. In the event of under-deliveries, the

Transporter shall charge Customer a penalty equal to

$2.00/Dth plus the actual replacement cost multiplied by the

deficiency quantity. The appropriate corrective action, if

required of Customer, shall include forty-five (45) days to

eliminate any imbalance. Imbalances for any month that

become apparent after the time for notice has expired shall

be considered as an imbalance for the month following the

month in which the imbalance became apparent. Transporter

will not impose an imbalance penalty when a prior period

adjustment cause or increases a current month penalty.

25. UNAUTHORIZED DELIVERY IMBALANCE CHARGE.

Unauthorized deliveries are deliveries of gas made to

Transporter at the Receipt Point(s) prior to the execution

of an FTS or ITS Agreement or TTS, SPS or DPS Agreement or

submission of the Customer Nomination Form provided in

Transporter's General Terms and Conditions. Except in those

circumstances in which the integrity of the Transporter's

system is threatened, Transporter shall provide Customer

with prompt notification (either by telephone or by

facsimile) of such unauthorized deliveries, including the

system conditions and specific response required, and

Customer shall have twenty-four (24) hours after said

notification to initiate corrective action. If Customer has

not initiated such corrective action within such twenty-four

hour period, Transporter shall assess a penalty equal to

$5.00 per Dth multiplied by the unauthorized deliveries.

Where system integrity is threatened, Transporter shall have

the right to take such action as is necessary to terminate

such deliveries without any liability to Transporter.