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2nd Substitute Original Sheet No. 131 2nd Substitute Original Sheet No. 131 : Superseded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