§ 24-234. Interruptible transportation and sales maintenance (ITSM) rider.

(a)

Applicability. This rider shall apply to and become a part of each of the city's interruptible schedules as defined below, and shall apply to interruptible transportation service and interruptible sales service to a qualifying interruptible customer as such terms are defined below.

(b)

Availability of service under this rider.

(1)

Service under this rider is available to a qualifying interruptible customer only during a service month when the qualifying customer cannot receive the equivalent gas cost (or lower cost of gas) through service by the city under the interruptible schedule applicable to the customer.

(2)

Service under this rider is subject to the following:

a.

The terms, provisions, and conditions set forth herein;

b.

The determination by the city in the exercise of reasonable judgment that it has delivery capacity in excess of that necessary to serve the then existing requirements of other customers sufficient for city to render service under this rider to customer; and

(c)

Terms and provisions of service.

(1)

During a service month when this rider applies to a customer:

a.

The base rate for interruptible transportation service provided in the interruptible schedule applicable to the customer shall be replaced and superseded by the index base rate for the volume of gas nominated hereunder;

b.

The base rate for interruptible sales service provided in the interruptible schedule applicable to the customer shall be replaced and superseded by the index base rate for the volume of gas nominated hereunder; and

c.

The cost of gas for interruptible sales service provided in the interruptible schedule applicable to the customer (whether the applicable PGC or otherwise) shall be replaced and superseded by the total index cost for the volume of gas nominated hereunder.

(2)

No later than noon, 12:00 p.m. standard time, seven (7) business days prior to the first day of the service month, a qualifying customer who desires service under this rider shall:

a.

Nominate a volume of gas to be delivered under this rider during the service month;

b.

Indicate whether the customer desires interruptible transportation service or interruptible sales service;

c.

Submit an affidavit or such other written assurances as the city may deem appropriate to establish that service under this rider is available to the customer during the service month pursuant to the provisions of subparagraph (c)(1) above; and

d.

Enter into such written contractual commitment for service hereunder as the city may reasonably deem appropriate.

(3)

Such nomination will be deemed accepted by the city unless the city notifies the customer by fax within five (5) business days of the first day of the service month that the same has not been accepted, provided, however, that the effectiveness of any such acceptance by the city shall be subject to the provisions of subparagraph (7) below. The city may also accept nominations at other times at its sole discretion. However, monthly service is contemplated.

(4)

Any index base rate made effective pursuant to this rider:

a.

Shall not be higher than the base rate specified in the interruptible schedule applicable to the customer; and

b.

Shall not be lower than five (5) cents per therm.

(5)

In the event a customer takes less during a service month than eighty (85) percent of the volumes nominated by the customer for the service month, the customer shall pay three-tenths (0.10) of a cent per therm for the difference between the volumes taken and eighty-five (85) percent of volumes nominated for the service month.

(6)

Adjustments for lost and unaccounted for gas under the provisions of this rider shall be made by applying the percentage that lost and unaccounted for gas bore to the total sendout of the city during its preceding fiscal year.

(7)

The rates and charges under this rider shall be payable at the same time and under the same conditions as the rates and charges under the interruptible schedule applicable to the customer.

(8)

Except as expressly modified by the provisions of this rider, all of the terms, provisions and conditions under or applicable to the interruptible schedule (as made effective by the council from time to time) applicable to the customer shall also apply to service by the city to customer under this rider.

(9)

The City of Cartersville Gas Superintendent shall have the right and authority to adjust this rider to a daily, weekly, monthly, bi-monthly, quarterly, bi-annual and/or annual rate schedule based upon market factors and the existing service of a customer and the proposed service to the customer. Whenever monthly is referenced in this section, if the gas superintendent adjusts the rider, the new applicable time period will apply throughout this sections.

(Ord. No. 21-94, 5-26-94; Ord. No. 43-02, 10-17-02)