FSS-M RATE SCHEDULE
FIRM STORAGE SERVICE WITH MARKET-BASED RATES (Cont'd)
(f) If Shipper's injections into storage on any Day exceed its SCQ, Shipper will pay
Transporter a penalty of $5.00 per Dth for all quantities injected in excess of its SCQ. If
Shipper's withdrawals from storage on any Day result in its FSS-M account having a negative SCQ
balance, Shipper will pay Transporter a penalty of $5.00 per Dth.
(g) On any Day that Shipper's unauthorized withdrawals from storage exceed 103 percent
of its applicable MDWQ, as described in Section 4(b) of this Rate Schedule, Shipper will pay
Transporter a penalty based on a price per Dth equal to three times the midpoint of the range of
prices reported for "Columbia Gas, Appalachia" as published in Platts Gas Daily price survey for
all quantities withdrawn in excess of 103 percent of its MDWQ; provided, however, that
Transporter will reduce penalties under this provision if Shipper is required to pay penalties
under Service Agreements under other Rate Schedules for the same quantities.
(h) If Shipper: (i) violates an operational flow order issued by Transporter to
withdraw quantities; (ii) fails to withdraw the minimum monthly withdrawal quantity as described
in Section 4(c) of this Rate Schedule; or (iii) carries over quantities beyond April 1 in excess
of the 25% of SCQ limitation set forth in Section 4(d) of this Rate Schedule, those quantities
will automatically be forfeited by Shipper to Transporter, free and clear of all liens and
encumbrances. Transporter will post these forfeited quantities on its EBB as gas available for
sale to the highest bidder within a 24 hour notice period. This posting may provide as a
condition of sale that the gas be withdrawn from storage within a specified period of time.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 the General Terms and Conditions.
(i) All penalties and charges assessed under this Section will be assessed and paid in
addition to all applicable storage rates and charges under this Rate Schedule, including any
overrun charges.
(j) 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 to if it determines that the imbalance was caused
by a bona fide force majeure event.
(k) Transporter may waive its right to collect all or any portion of penalties assessed
against Shipper or its right to retain all or any portion of Shipper's gas, provided that any
such waiver is granted in a nondiscriminatory manner.
8. 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, 19.1, 19.2, and 19.4, 33, 34, 36
through 42, and 44 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 |