2.3 To the extent storage capacity or Gas which is being utilized by a Shipper

under this Rate Schedule is needed by Freebird in order to satisfy Freebird’s

obligations under FSS Service Agreements or is otherwise necessary to avoid

adverse impact on the operation of Freebird’s System, Freebird may require

Shipper to withdraw or repay all, or any portion of, the IBS Gas quantities

held or loaned by Freebird under this Rate Schedule for the account of

Shipper. Freebird will notify the Shipper of the need to withdraw or repay

Gas and the quantity to be withdrawn or repaid, and shall specify the time

period in which the Shipper must comply with the notice. Freebird’s notice to

Shipper may be given orally, but shall be confirmed in writing via e-mail or

facsimile to the Shipper. Unless Freebird otherwise agrees, Shipper shall be

required to make nominations ratable over the specified time period. If

Shipper fails to withdraw such IBS Gas quantities within the time period

specified by Freebird, then Freebird may take, free and clear of any adverse

title, claims or liens, title to such IBS Storage Inventory as Shipper was

instructed to withdraw, at a price per Dth equal to the Current Market Price

(as defined in Section 7 below), less Freebird's costs related to Shipper’s

failure to timely remove its Gas, and Freebird shall credit such proceeds to

any amount owed by Shipper to Freebird.  If Shipper fails to inject such IBS

Gas quantities within the time period specified by Freebird, Freebird will

have the right to treat such IBS Gas quantities that have not been returned as

a sale of such Gas quantities to Shipper, at a price per Dth equal to the

Current Market Price (as defined in Section 7 below), plus Freebird’s costs

related to Shipper’s failure to timely return the loaned Gas. Freebird will

invoice Shipper for such amount, and Shipper’s IBS Gas quantities owed to

Freebird will be decreased accordingly upon Shipper’s payment therefor. The

sale of Gas to Shipper under this section will not relieve Shipper of its

obligation to pay Freebird all applicable charges that accrued before such

sale.


 

3. RATES AND CHARGES

Shipper shall pay rates and charges for Interruptible balancing service under

this Rate Schedule including the applicable Interruptible balancing rate

components set forth in the IBS Rate Statement and as described

below:


 

(a) Interruptible Balancing Charge. A charge for each Dth of Gas stored in

Freebird’s facilities under this Rate Schedule.


 

(b) Interruptible Balancing Injection Charge. A charge for each Dth of Gas

(including fuel, if applicable) injected into Freebird’s facilities pursuant

to Section 2.1(a) of this Rate Schedule during a given invoice

period.


 

(c) Interruptible Balancing Withdrawal Charge. A charge for each Dth of Gas

(including fuel, if applicable) withdrawn from Freebird’s facilities pursuant

to Section 2.1(c) of this Rate Schedule during a given invoice

period.


 

(d) Fuel Reimbursement. The amount of Gas or equivalent charge for fuel and

losses determined in accordance with Section 17 of the General Terms and

Conditions of this FERC Gas Tariff and set forth in Shipper’s Hub Services

Agreement.


 

(e) Regulatory Fees and Charges. Shipper shall reimburse Freebird for all

fees and charges, including, but not limited to, ACA charges, as required by

the Commission or any other regulatory body, that are related to service

provided under this Rate Schedule, as set forth in Shipper’s Hub Services

Agreement.