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Florida City Gas <br />FPSC Natural Gas Tariff <br />Volume No 9 Original Sheet No. 25 <br />RULES AND REGULATIONS (Continued) <br />17. GAS CURTAILMENT PLAN <br />During periods of supply shortages, operational constraints or Force Majeure events the <br />Company may implement the terms of its Gas Curtailment Plan. The purpose of this plan is to <br />preserve the ability to continue to provide essential gas services to the broadest base of <br />Customers given limited gas supply and/or delivery capacity. Any Unauthorized Gas Use will be <br />governed by the terms stated in the Unauthorized Gas Use section of this tariff. If a Customer <br />notifies the Company that they have a medical necessity requiring gas use the Company will <br />endeavor to provide adequate notice of any curtailments. <br />18. UNAUTHORIZED GAS USE <br />Unauthorized Gas Use includes, but is not limited to, any volume of gas taken by <br />Customer in excess of its Demand Charge Quantity requirement as set forth in its Service <br />Agreement with Company or the quantity of gas allowed by the Company on any day as a result <br />of a curtailment or interruption notice issued by the Company in accordance with its tariff and/or <br />by the Florida Public Service Commission of the State of Florida or any other governmental <br />agency having jurisdiction. A "day" shall be a period of twenty-four (24) consecutive hours, <br />beginning as near as practical to 8 a.m., or as otherwise agreed upon by Customer and <br />Company. <br />The Company reserves the right to physically curtail the gas service to any Customer if, in <br />the Company's sole judgement, such action is necessary to protect the operation of its system. <br />If a Customer uses gas after having been notified that gas is not available or, if <br />applicable, uses gas in excess of the Demand Charge Quantity or requirements as established <br />in the Service Agreement, then Unauthorized Gas Use charges shall apply to those amounts. <br />Furthermore, if a Third Party Supplier (TPS) fails to deliver gas in the quantities and or <br />imbalance ranges specified in the TPS Rate Schedule, then Unauthorized Gas Use charges <br />shall apply to the TPS. <br />All Unauthorized Gas Use charges shall be billed at the higher of $2.50 per therm or a <br />rate equal to ten times the highest price, for each day, for gas delivered to Florida Gas <br />Transmission at St. Helena Parish, as reported in Natural Gas Week plus Florida Gas <br />Transmission Company's transportation cost and fuel, if applicable. However, this rate shall not <br />be lower than the maximum penalty charge for unauthorized daily overruns as provided for in <br />the Federal Energy Regulatory Commission approved gas tariffs of the interstate pipelines <br />which deliver gas into Florida. This charge is in addition to all applicable taxes, charges and <br />assessments of the applicable Rate Schedule. <br />Nothing herein shall be construed to prevent the Company from taking all lawful steps to <br />stop the unauthorized use of gas by Customer, including disconnecting Customers service. <br />Such payment for unauthorized use of gas shall not be deemed as giving Customer or. TPS any <br />rights to use such gas. <br />Issued by: Carolyn Bermudez Effective: <br />Vice President, Southern Operations <br />