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TARtFF FOR GAS SERVICE TXU GAS COMPANY <br /> RATE SCHEDULE: 31 i General Transportation Contract Terms and Conditions <br /> APPLICABLE TO: ! Entire System REVISION: 0 <br /> DATE: <br /> EFFECTIVE DATE: I ! PAGE: 4 of 13 <br /> <br /> service to other Customers or otherwise impact system integrity (an "Operational Flow Order"), Customer <br /> will be responsible to ensure that quantities of gas delivered at the Delivery Point(s) during each hour are <br /> either: i) less than or equal to, or ii) greater than or equal to the confirmed nominated receft quantities of <br /> gas for such hour at the Receipt Point(s), as notified by Company. <br /> (e) Compafy May Restrict Receipts and Delivenes to Maintain Balance. Notwithstanding <br /> anything contained herein or in any Transportation Agreement, Company will always have the total and <br /> unrestricted right, but no obligation whatsoever, to at any time and from time to time restrict, ~nterrupt. or <br /> reduce its receipt and/or delivery of Gas under any Transportation Agreement in order to mamlain a <br /> simultaneous balance for each Delivery Point or to correct any prior imbalance under any Transportabon <br /> Agreement. <br /> (f) Remaining Imbalances after Contract Expires or Is Terminated. Notwithstanding <br /> anything contained herein or in any Transportation Agreement, in the event there ~s an *mbalance ~n <br /> Customer's Imbalance Account 90 days after the applicable Transportation Agreement expires or ~s <br /> terminated, Company will have the right to invoice Customer for the product of: (i) the MMBtu in <br /> Customer's Imbalance Account and (ii) the highest "midpoint" price for the Katy point listed ~n Pla~'s Gas <br /> Daffy, in the table entitled "Daily Price Survey," published on any Day during the 90 Days preceding such <br /> expiration or termination of the applicable Transportation Agreement. Customer must pay the amount <br /> contained in such invoice within 10 Days after receipt of such invoice, or such longer period as prescribed <br /> by applicable law. <br /> <br /> 6. Rates <br /> (a) Rates. Customer will receive and pay for Gas transportation service under the terms and <br />conditions of any Transportation Agreement, commencing with initial deliveries of Gas under the <br />applicable Transportation Agreement, and during each Month, at the rates and fees set fort~ in the <br />applicable Rate Schedule identified in the applicable Transportation Agreement. <br /> (b) Regulatory Revision. Company's rates and terms and conditions of service may be <br />revised or replaced from time to time in the future by a regulatory authority with jurisdiction. Any such <br />rewsed or new rates or terms and conditions of service, when lawfully established, will immediately <br />become effective and be applicable to Gas service under any Transportation Agreement commenong <br />with Gas delivered upon and after the effective date of such change. If any new or different rates, and/or <br />terms and conditions of service, that affect any service under any Transportation Agreement are <br />established by a regulatory authority with jurisdiction, such rate(s) and/or terms and conditions of service <br />will supersede conflicting provisions of the applicable Transportation Agreement. Company will give <br />Customer notice of any such change, together with a copy of the revised rates and/or terms and <br />conditions of service. Such notice may be mailed by Company separately or included in Customer's <br />billing statement. <br /> (c) Other Fees. The use of certain Receipt Point(s) may require that Customer also pay a <br />compression fee, third-party meter fee, and/or additional retention. Any such fee(s) will be charged m <br />addition to all other applicable rates and fees under any Transportation Agreement and/or Company wiIt <br />retain an additional percentage of such Gas over the Retention Volumes identified under the applicable <br />Transportation Agreement; provided that Company has notified Customer of such fee(s) and/or additional <br />retention percentage. <br /> <br />7. Receipt Point(s) and Delivery Point(s} <br /> (a) Receipt Point(s). Gas delivered by Customer (or Customer's Designee) to Company under <br />any Transportation Agreement will be delivered at the Receipt Point(s) identified in the applicable <br />Transportation Agreement. Notwithstanding anything contained herein to the contrary, in the event of <br />unfavorable operating conditions (as determined by Company in its sole opinion), or a change of <br />ownership of specific Receipt Point(s) or appurtenant facilities, or if, in Company's sole op~n~on, the <br />receipt of Gas from a specific Receipt Point under any Transportation Agreement ever becomes <br /> <br /> -81- <br /> <br /> <br />