Ozark Gas Transmission System
First Revised Volume No. 1
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Effective Date: 12/01/1991, Docket: RP91-208-004, Status: Effective
2nd Substitute Original Sheet No. 131 2nd Substitute Original Sheet No. 131 : Superseded
RATE SCHEDULE ITS
INTERRUPTIBLE TRANSPORTATION SERVICE
(Continued)
(c) Balancing At Contract Termination: Following the
termination of the ITS Agreement, Shipper shall be
required to correct any remaining imbalances within
thirty (30) days after the determination by Transporter
that an imbalance exists, or within such longer period
of time mutually agreed upon by Shipper and
Transporter. If, after the balancing period,
Transporter determines that Shipper received from
Transporter quantities in excess of the quantities
delivered to Transporter by Shipper at the Receipt
Point(s), Transporter shall charge Shipper a penalty
equal to $2.00 per MMBtu plus the actual replacement
cost multiplied by such deficiency quantity at the
Receipt Point(s). If, after the balancing period,
Transporter determines that Shipper received from
Transporter quantities that were less than the
quantities delivered to Transporter by Shipper at the
Receipt Point(s), Transporter shall,at its option,
retain such over-deliveries at the Receipt Point(s)
free and clear of any adverse claims of any party or
shall charge Shipper a penalty equal to $1.00 per MMBtu
multiplied by the excess quantity. Transporter has the
right to remove access gas from its system in any
manner deemed appropriate; provided however, that
Transporter will select methods to remove such excess
gas on a non-discriminatory basis.
5.7 Nothing in this Section 5 shall limit Transporter's right to
take actions as may be required to adjust receipts and
deliveries of gas in order to alleviate conditions which
threaten the integrity of its system. Transporter shall
have the right to waive the provisions of this Section 5;
provided, however, that any such waivers granted by
Transporter shall be granted, on a basis which is not unduly
discriminatory, to all similarly situated Shippers under
like circumstances.
5.8 If, for any reason, other than those specified in Section 8
of this ITS Rate Schedule, Shipper is unable to maintain
deliveries to Transporter for a consecutive forty-eight (48)
hour period during any month as scheduled during that month,
Transporter shall have the right to schedule transportation
service for other Shippers, in accordance with the
provisions of this ITS Rate Schedule, for the remainder of
such month in lieu of the volumes scheduled by the
interrupted Shipper. Provided, however, that Transporter
shall not have the right to schedule transportation service
for other Shippers for the remainder of such month in lieu
of the volumes scheduled by the interrupted Shipper if (i)
all or a part of the consecutive forty-eight hour period
occurs during a weekend or a Federal holiday, and (ii)
during the twenty-four (24) hour period immediately follow-
ing such weekend or Federal holiday the interrupted Shipper
restores deliveries to Transporter up to the level scheduled
during that month. Provided further, that if a Shipper's
volumes are interrupted as a result of this provision,
those volumes shall be reinstated, in their proper
priority, in any succeeding month based upon confirmed