1. Except as provided in Section 6.32.2 herein, Customer shall reimburse Ryckman Creek (a) for the costs of any facilities installed by Ryckman Creek with Customer's consent to receive, measure, store or deliver Gas for Customer's account and (b) for any and all filings and approval fees required in connection with Customer's Storage Service Agreement that Ryckman Creek is obligated to pay to the Commission or any other governmental authority having jurisdiction. Any reimbursement due Ryckman Creek by Customer pursuant to this Section 6.32.1 shall be due and payable to Ryckman Creek within ten (10) Days of receipt by Customer of Ryckman Creek's invoice(s) for same; provided, however, that subject to Ryckman Creek's consent, such reimbursement, plus carrying charges thereon, may be amortized over a mutually agreeable period not to extend beyond the primary contract term of the Storage Service Agreement between Ryckman Creek and Customer. Carrying charges shall be computed utilizing interest factors acceptable to both Ryckman Creek and Customer.
2. Ryckman Creek may waive from time to time, at its discretion, all or a portion of the facility cost reimbursement requirement set forth in Section 6.32.1 for Rate Schedules FSS and other firm rate schedules, as applicable, if Customer provides Ryckman Creek adequate assurances to make construction of the facilities economical to Ryckman Creek. All requests for waiver shall be handled by Ryckman Creek in a manner which is not unduly discriminatory. For purposes of determining whether a project is economical, Ryckman Creek will evaluate projects on the basis of various economic criteria, which will include the estimated cost of the facilities, operating and maintenance as well as administrative and general expenses attributable to the facilities, the revenues Ryckman Creek estimates will be generated as a result of such construction, and the availability of capital funds on terms and conditions acceptable to Ryckman Creek. In estimating the revenues to be generated, Ryckman Creek will evaluate the existence of capacity limitations downstream of the facilities, the marketability of the capacity, the Interruptible versus the firm nature of the service, and other similar factors which impact whether the available capacity will actually be utilized.
FERC GAS TARIFF GTC – OFF-SYSTEM CAPACITY
Original Volume No. 1 Version 1.0.0
GENERAL TERMS AND CONDITIONS 6.33 OFF-SYSTEM CAPACITY
Ryckman Creek may, from time to time, acquire transportation and/or storage capacity on a third-party pipeline system. Ryckman Creek will only provide transportation and storage services for others using such capacity pursuant to its open access FERC Gas Tariff subject to its rates approved by the Commission. For purposes of transactions entered into subject to this Section 6.33, the "shipper must hold title" policy is waived to permit such use.
FERC GAS TARIFF GTC – DISPOSITION OF RETAINED QUANTITIES
Original Volume No. 1 Version 1.0.0
GENERAL TERMS AND CONDITIONS 6.34 DISPOSITION OF RETAINED QUANTITIES
In the event that Ryckman Creek holds an auction for Gas quantities retained pursuant to the provisions of this FERC Gas Tariff, Ryckman Creek shall post such quantities on the Internet Web Site on the fifth Business Day following the fifteenth Day of a month. Ryckman Creek shall accept bids only during the time period from 7:00 a.m. until 11:00 a.m. CCT on the seventh Business Day following the fifteenth of the month. Ryckman Creek reserves the right to participate in any auction held, in order to obtain Gas needed for operational purposes. Ryckman Creek shall award the Gas to the Customer submitting the highest bid, and shall notify the Customer submitting the highest bid prior to 4:00 p.m. CCT of the same Day on which Ryckman Creek accepts bids; provided, however, Ryckman Creek reserves the right to reject all bids.
When the Gas is purchased at auction, Customer must provide identification of the existing Storage Service Agreement with Ryckman Creek under which Customer shall store the Gas in Ryckman Creek's facilities.
Within 60 Days of the end of an auction, Ryckman Creek shall credit the net proceeds received from such auction to the Customer(s) whose Gas was sold during the subject auction.
For the purposes of this section, the term "net proceeds" shall mean the total proceeds received from the auction less (1) the accumulated charges pursuant to the applicable Rate Schedule for the Storage Service Agreement held by the Customer winning the bid and (2) any associated charges that may be incurred by Ryckman Creek.
FERC GAS TARIFF GTC – OPERATIONAL SALES
Original Volume No. 1 Version 1.0.0
GENERAL TERMS AND CONDITIONS 6.35 OPERATIONAL PURCHASES AND SALES
Ryckman Creek may sell Gas from time to time to which it has retained or taken title pursuant to the provisions of this FERC Gas Tariff and which is in excess of its operational requirements or may purchase Gas from time to time to meet operational requirements. Such operational purchases and sales may be made to the extent necessary: (i) to maintain reservoir pressure; (ii) to balance fuel quantities under storage agreements; (iii) to manage storage imbalance quantities; and/or (iv) to perform other operational functions in connection with the storage and other services provided by Ryckman Creek under this FERC Gas Tariff. Further, such operational purchases or sales shall be afforded the lowest service priority as established the GT&C of this FERC Gas Tariff. Prior to each operational sale of Gas, Ryckman Creek shall post the following information on its Internet Web Site: (a) the quantity of Gas to be sold; (b) any minimum quantity for bidding; (c) the date and time when all bids shall be due; (d) the date(s) when the Gas will be purchased or sold; (e) any minimum or maximum daily quantity to be purchased or sold; (f) the point where the Gas will be purchased or sold; and (g) the criteria to be used by Ryckman Creek in evaluating and selecting bids.
FERC GAS TARIFF FORM OF SERVICE AGREEMENTS
Original Volume No. 1 Version 1.0.0