ISS-M RATE SCHEDULE
INTERRUPTIBLE STORAGE SERVICE WITH MARKET-BASED RATES (Cont'd)
(c) If Shipper: (i) violates an operational flow order to withdraw quantities, or (ii)
fails to withdraw all of Shipper's ISQ by Shipper's Final Withdrawal Date, any quantities not
withdrawn will be forfeited automatically by Shipper to Transporter free and clear of all liens
and encumbrances. Transporter will post the forfeited quantities on its EBB as gas available for
sale to the highest bidder within a 24 hour notice period. The posting may provide as a
condition of sale that such gas be withdrawn from storage within a specified period of time.
Upon receipt of payment, Transporter will treat the forfeited gas proceeds as Penalty Revenues as
defined in Section 19.6 of the General Terms and Conditions.
(d) All penalties and charges assessed under this Section will be assessed and paid in
addition to all applicable rates and charges under this Rate Schedule, including any overrun
charges.
(e) If Shipper seeks to avoid any penalty provided for in this Section on the ground
that the charge was incurred because of a force majeure event as defined in Section 15 (Force
Majeure) of the General Terms and Conditions, Shipper must document the force majeure event to
Transporter. Transporter will waive penalties if the imbalance was caused by a bona fide force
majeure event.
(f) Transporter may waive its right to collect all or any portion of any penalties
assessed against Shipper or its right to retain all or any portion of gas, provided that any such
waiver is granted in a nondiscriminatory manner.
7. GENERAL TERMS AND CONDITIONS
All of the General Terms and Conditions are applicable to this Rate Schedule and are
hereby made a part hereof, with the exception of Sections 4, 11, 12, 14, 19.1, 19.2, 19.4, 33,
34, 36, and 38 through 46.
|
Issued by: Claire A. Burum, SVP Regulatory Affairs
Issued on: May 14, 2009 Effective on: June 15, 2009
Filed to comply with order of the Federal Energy Regulatory Commission, Docket
No. RP09-468-000, issued April 17, 2009, 27 FERC ¶ 61,057 |