TF03 25A0020004P126Third Revised Sheet No. 25A
TF04 Second Revised Sheet No. 25A
TF05Edward C. McMurtrie, Vice President/General Manager
TF06051905 061905
RATE SCHEDULE FT-1
FIRM TRANSPORTATION SERVICE
(Continued)
12. RESERVATION CHARGE ADJUSTMENTS (Continued)
12.2 The Reservation Charge adjustment provided in Section 12.1 hereof
shall not apply if Paiute's failure to transport or accept for
scheduling the quantity requested by Shipper was due to:
(a) Shipper's failure to deliver such gas to Paiute (including
the failure to provide for the withdrawal of any necessary
quantities of gas from the LNG Plant when such failure is
attributable to Shipper), or to Shipper's or Receiving
Party's inability to accept delivery of such gas;
(b) operating conditions on upstream pipelines not within the
control of Paiute; or
(c) an event of force majeure, as set forth in Section 6.1 of the
General Terms and Conditions of this tariff, or an event of
non-routine repairs or maintenance which, if not performed
promptly, would likely lead to an operating malfunction or
equipment failure or damage, provided that the need for such
non-routine repairs or maintenance has not been caused by
negligence on the part of Paiute.
Notwithstanding the foregoing provisions of this subsection
(c), the Reservation Charge adjustment provided in Section
12.1 hereof shall apply during such an event of force majeure
or non-routine repairs or maintenance, except that the
adjustment shall be computed by multiplying the quantity that
Paiute failed to transport or accept for scheduling on each
day of such event by the portion of the Daily Reservation
Charge set forth on Sheet No. 10 of this tariff that
represents Paiute's equity return and associated income taxes.
Such portion of the Daily Reservation Charge will be referred
to as the "Daily Reservation Charge Equity and Tax Component".
The Daily Reservation Charge Equity and Tax Component will be
posted on Paiute's Electronic Bulletin Board, along with the
derivation of such component.