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Florida City Gas <br />FPSC Natural Gas Tariff <br />Volume No. 9 Original Sheet No. 70 <br />OFF -SYSTEM SALES SERVICE (OSS) <br />AVAILABILITY <br />Throughout the service areas of Company, and of any interstate or intrastate natural gas <br />pipeline serving the Company (collectively, the "Pipelines") <br />APPLICABILITY <br />Interruptible Gas delivered by Company through the facilities of a Pipeline, using <br />Company's, transportation capacity rights on such Pipeline, to any person not connected to <br />Company's distribution system. <br />CHARGES <br />Customer Charge None <br />Transaction Charge $100.00 per transaction <br />Commodity Charge As set forth below <br />For all Scheduled Quantities (as such term is defined in Special Condition 4 below), the <br />Commodity Charge per therm shall be established by agreement between Company and <br />Customer prior to each transaction pursuant to this Rate Schedule. <br />The Commodity Charge for service pursuant to this Rate Schedule shall be determined by <br />Company based upon Company's evaluation of competitive conditions. Such conditions may <br />include, but are not necessarily limited to: the cost of gas which is available to service Customer: <br />the delivered price and availability of Customer's designated alternate fuel; and the nature of <br />Customer's operations (such as load factor, fuel efficiency, alternate fuel capacity, etc.). Company <br />may from time to time increase or reduce the Commodity Charge as it deems necessary or <br />appropriate to meet competition or remain competitive, but shall have not an obligation to do so. <br />The Commodity Charge per therm shall include, at a minimum, the cost per therm of the <br />Gas delivered to Customer pursuant to this Rate Schedule, including all variable costs incurred by <br />Company for (or in connection with) Pipeline transportation and all applicable taxes. Company's <br />Purchase Gas Cost Recovery Adjustment Clause, Energy Conservation Cost Recovery Clause <br />and Competitive Rate Adjustment Clause shall not apply to purchases of Gas made by Customer <br />Pursuant to this Rate Schedule. <br />Issued by: Carolyn Bermudez Effective: <br />Vice President, Florida City Gas <br />