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Florida City Gas <br />FPSC Natural Gas Tariff <br />Volume No. 9 Original Sheet No. 64 <br />THIRD PARTY SUPPLIER (TPS) <br />(Continued) <br />NOMINATIONS FOR SERVICE (Continued) <br />(5) Any additional information as may be required by the Company in order to perform <br />its functions as a Delivery Point Operator on the pipeline transportation system. <br />If Customer's TPS fails to comply with provisions 1 through 5 above, Company may not <br />schedule the commencement of service or change a prior nomination. <br />DAILY NOMINATION PENALTIES <br />The TPS shall deliver, or cause to be delivered, to the Company at the point(s) of receipt <br />and receive, or cause to be received, from Company at the point(s) of delivery, on a uniform <br />daily basis, that quantity of natural gas that has been Nominated for Service. <br />Except for conditions of Force Majeure or per prior agreement with the Company to <br />modify nominations, on any day that the sum of the actual daily quantity of natural gas received <br />by Company ("Actual Receipts") varies from the sum of daily quantities Nominated for Service <br />during such day for transportation at the points of receipt (Scheduled Volumes) by more than ten <br />percent of the Nominated Receipts, the Company may impose a penalty equal to Unauthorized <br />Gas Use charge times the variance in excess of ten percent of the Nominated Receipts unless in <br />its opinion the system or Customers receiving PGA service were not harmed as a result of the <br />imbalance. The Company reserves the right to limit this imbalance to five percent upon twenty <br />four hours notice to the TPS representatives. <br />These charges are in addition to monthly cash -outs and any other imbalance charges and <br />convey no rights to any quantities of gas to the TPS or its Customers. In the event of non-payment, <br />these charges shall not be assessed to the TPS Customers by the Company. In addition, the <br />Company shall not be required to continue to perform service for TPS Customers if their TPS fails <br />to deliver adequate gas supplies per their daily nominations. The Company reserves the right to <br />discontinue receipts from a TPS until the penalty is paid in full. <br />PIPELINE IMBALANCES AND CHARGES <br />Company and TPS recognize that Company may be subjected to imbalance charges <br />from its interstate pipeline suppliers as a result of TPS's failure to deliver confirmed quantities of <br />gas. In the event that Company is assessed penalties as a result of TPS's actions or omissions, <br />TPS shall reimburse Company for such penalties as may be attributable to TPS's actions or <br />omissions. The Company reserves the right to commingle and charge TPSs on a prorated <br />basis, as determined by the Company, any pipeline charges related to transportation that are <br />not readily identifiable to a specific TPS. <br />Issued by: Carolyn Bermudez Effective: <br />Vice President, Florida City Gas <br />