RATE NO. 41

FIRM SMALL VOLUME GAS SERVICE RATE SCHEDULE

AVAILABILITY:

Rate No. 41 is available to firm Customers whose volume of gas purchased will be less than 15,000 Therms/Month during ten (10) or more of the twelve (12) billing cycles each calendar year, and who will take delivery of such gas in OVGC's Texas Gas Service Area (including Brownsville, Cannelton, Clinton Corners, Connersville, Dover, Everton, Guilford, Lawrenceville, Liberty, Logan Lyonsville, Negangard Corner, New Alsace, Penntown, St. Leon, St. Marks (Perry County), Springersville,  Sunman, Tell City, Troy, Yorkville, and certain rural areas in Dearborn, Fayette, Franklin, Perry, Ripley, and Spencer Counties; all in the state of Indiana).

RATE SCHEDULE:

For all gas used $.8000 per therm.

SERVICE CHARGE:

$13.00 per meter per billing cycle month.

LATE PAYMENT CHARGE:

A Late Payment Charge, of ten (10) percent on the first $3.00 or less and three (3) percent on all amounts over $3.00, will be made on all bills not paid on or before the due date of the bill.  Any payments received by OVGC after the due date will be subject to the Late Payment Charge.

COLLECTION CHARGE:    

A Collection Charge of $27.00, will be made should it become necessary to send an employee or other agent to the Customer’s premises to collect a past due account.

RETURNED CHECK CHARGE:

A Returned Check Charge of $20.00, plus charges, if any, levied against OVGC’s bank account, will be made for any payment, including a direct debit, returned by a financial institution as unpaid.

RECONNECTION CHARGE:

To cover the cost of discontinuance and reestablishment of service for the same Customer at the same service address, a Reconnection Charge will be made which is the greater of either $50.00 or the product of the monthly service charge multiplied by the number of billing cycles during which service was discon­tinued, up to a maximum of $156.00.  This charge must be paid before service is restored.  If the disconnected period exceeds one (1) year, OVGC may waive the reconnec­tion fee, provided that disconnection was not for violation of OVGC's rules and regulations. 

TWENTY-FOUR (24) HOUR PURCHASE GAS DAY

For the purpose of this Rate Schedule the twenty-four (24) hour purchase gas day is that continuous twenty-four (24) hour period commencing at 7:00 a.m. local time and continuing to 7:00 a.m. local time the next day.

RATE ADJUSTMENTS

This Rate Schedule is subject to the following adjustment:

     The Gas Cost Adjustment Factor for Purchased Gas stated in Appendix B (Sheet No. 4‑10).

RULES AND REGULATIONS

This Rate Schedule is subject to OVGC's General Rules and Regulations Applicable to Gas Service, to the orders of the Indiana Utility Regulatory Commission, and to the Rules, Regulations and Standards of Service for Gas Public Utilities in Indiana as prescribed by the Indiana Utility Regulatory Commission.

RATE NO. 42 

Firm Large Volume Gas Service Rate Schedule

AVAILABILITY

Rate No. 42 is available to any Customers whose volume of gas purchased will exceed 15,000 Therms/Month in at least three (3) of the twelve (12) billing cycles each calendar year; who has executed a Service Agreement wherein Customer demands the right to take (and OVGC agrees to sell on a firm, uninterrupted basis) up to a specific maximum daily quantity of natural gas (of at least 500 Therms/day) called the Daily Contract Demand; and who will take delivery of such gas in OVGC's Texas Gas Service Area (including Brownsville, Cannelton, Clinton Corners, Connersville, Dover, Everton, Guilford, Lawrenceville, Liberty, Logan Lyonsville, Negangard Corner, New Alsace, Penntown, St. Leon, St. Marks (Perry County), Springersville,  Sunman, Tell City, Troy, Yorkville, and certain rural areas in Dearborn, Fayette, Franklin, Perry, Ripley, and Spencer Counties; all in the state of Indiana).

CHARACTER OF SERVICE

OVGC shall not be obligated to deliver to Customer an aggregate amount at all points of delivery in any one (1) hour more than one sixteenth (1/16) of the Daily Contract Demand.

DAILY CONTRACT DEMAND

Customers electing to receive service under this Rate Schedule must contractually agree with OVGC, as part of the required Service Agreement, on a Daily Contract Demand.  The Daily Contract Demand shall be defined For the purpose of this Rate Schedule as being the maximum quantity of natural gas to which OVGC is obligated to deliver the Customer on any day of the calendar year.  

RATE SCHEDULE

The monthly bill for gas delivered under this rate schedule, in addition to the Service Charge, shall be the sum of a Demand Charge and a Commodity Charge wherein: 

Demand Charge          = $1.0480 per Therm of Daily Contract Demand.

Commodity Charge      = $.8156 per Therm of gas purchased.

SERVICE CHARGE

$215.53 per meter per billing cycle month.

LATE PAYMENT CHARGE

A Late Payment Charge, of ten (10) percent on the first $3.00 or less and three (3) percent on all amounts over  $3.00, will be made on all bills not paid on or before the due date of the bill.  Any payments received by OVGC after the due date will be subject to the Late Payment Charge. 

COLLECTION CHARGE:   

A Collection Charge of $27.00, will be made should it become necessary to send an employee or other agent to the Customer’s premises to collect a past due account.

RETURNED CHECK CHARGE:

A Returned Check Charge of $20.00, plus charges, if any, levied against OVGC’s bank account, will be made for any payment, including a direct debit, returned by a financial institution as unpaid.

RECONNECTION CHARGE:

To cover the cost of discontinuance and reestablishment of service for the same Customer at the same service address, a Reconnection Charge will be made which is the greater of either $50.00 or the product of the monthly service charge multiplied by the number of billing cycle months during which service was discon­tinued, up to a maximum of $2,586.36.  This charge must be paid before service is restored.  If the disconnected period exceeds one (1) year, OVGC may waive the reconnec­tion fee, provided that disconnection was not for violation of OVGC's rules and regulations. 

CONTRACT OVERRUNS

a.         Unauthorized Overrun

(1)        If, on any day, the Customer uses under this Rate Schedule a quantity of natural gas in excess of its Daily Contract Demand, without prior verbal or written approval of OVGC, the Customer shall pay OVGC, in addition to the charges otherwise payable hereunder, a penalty which shall be Three Dollars ($3.00) per Therm for all natural gas taken in excess of the Daily Contract Demand.  

(2)        The payment of a penalty for an unauthorized overrun by a Customer shall not, under any circumstances, be considered as giving the Customer the right to take unauthorized overruns.  Such payment shall not be considered a substitute for any other remedies available to OVGC or any of OVGC's other Customers for failure to respect the obligation to adhere to the provisions of its contract.  OVGC shall have the right to physically interrupt the flow of natural gas to any Customer taking service under this Rate Schedule once the Daily Contract Demand quantity has been taken or received by the Customer in any twenty-four (24) hour purchase gas day.

(3)        OVGC shall have the right, without obligation, to waive the penalty for any unauthorized overrun, provided OVGC's other Customers or its pipeline operations were not adversely affected.

(4)        The Daily Contract Demand Ratchet as defined in this Rate Schedule does not apply to unauthorized overruns.

b.         Authorized Overrun

(1)        OVGC may, upon request of the Customer, allow authorized overruns to the Daily Contract Demand.  Such authorized overruns will subject the Customer to the Daily Contract Demand Ratchet.

c.         Contract Overrun Charges

(1)        All overruns of Daily Contract Demands will be subject to an overrun charge of $.30 per Therm for all natural gas used in excess of the Daily Contract Demand.  For the purposes of computing this charge, the ratchet is assumed to have occurred at the beginning of the next twenty-four (24) hour purchase gas day.  The overrun will trigger both an additional charge of $.30 per Therm as well as increasing the Daily Contract Demand.

DAILY CONTRACT DEMAND RATCHET

Any Customer taking service under this Rate Schedule which exceeds its Daily Contract Demand with an authorized overrun will immediately establish a new Daily Contract Demand at the beginning of the next twenty-four (24) hour purchase gas day.  This new Daily Contract Demand will remain in effect for the balance of the current calendar year.  The ratchet to the new Daily Contract Demand will be effective at the beginning of the monthly billing cycle in which the authorized overrun occurred.  Subsequent authorized overruns above the newly established Daily Contract Demand by the ratchet mechanism, will result in further escalation of the Daily Contract Demand.  At the beginning of the next calendar year, the Daily Contract Demand will return to the existing contractual Daily Contract Demand figure.

CHANGES IN DAILY CONTRACT DEMAND

Customers taking service under this Rate Schedule shall have the opportunity to annually adjust their Daily Contract Demand, if OVGC can accommodate their requests.  Customers will be required to make their new election on or before January 25^th of any calendar year, by executing an appropriate addendum to their existing Service Agreement.

TWENTY-FOUR (24) HOUR PURCHASE GAS DAY

For the purpose of this Rate Schedule the twenty-four (24) hour purchase gas day is that continuous twenty-four (24) hour period commencing at 7:00 a.m. local time and continuing to 7:00 a.m. local time the next day.

RATE ADJUSTMENT

This Rate Schedule is subject to the following adjustment:

The Gas Cost Adjustment Factor for Purchased Gas stated in Appendix B (Sheet No. 4‑10).

RULES AND REGULATIONS

This Rate Schedule is subject to OVGC's General Rules and Regulations Applicable to  Gas Service, to the orders of the Indiana Utility Regulatory Commission, and to the Rules, Regulations and Standards of Service for Gas Public Utilities in Indiana as prescribed by the Indiana Utility Regulatory Commission.

RATE NO. 43

Interruptible Large Volume Gas Service Rate Schedule

AVAILABILITY

Rate No. 43 is available to Interruptible Customers whose volume of gas purchased will exceed 15,000 Therms/Month in at least three (3) of the twelve (12) billing cycles each calendar year; who has executed a Service Agreement wherein OVGC agrees to sell natural gas to Customer up to specified maximum daily and annual quantities (which  shall be stated in said Service Agreement); and who will take delivery of such gas in OVGC's Texas Gas Service Area (including Brownsville, Cannelton, Clinton Corners, Connersville, Dover, Everton, Guilford, Lawrenceville, Liberty, Logan Lyonsville, Negangard Corner, New Alsace, Penntown, St. Leon, St. Marks (Perry County), Springersville,  Sunman, Tell City, Troy, Yorkville, and certain rural areas in Dearborn, Fayette, Franklin, Perry, Ripley, and Spencer Counties; all in the state of Indiana).

APPLICABILITY

This Rate Schedule shall apply to natural gas delivered (sold) by OVGC to any Customer on an interruptible basis.  OVGC reserves the right to discontinue the supply of natural gas on one (1) hour verbal or written notice and to interrupt such supply of gas at any time that OVGC shall deem it necessary.  The Customer agrees to discontinue the use of gas in compliance with such notices.

OVGC shall have the right to physically interrupt the flow of natural gas to any Customer, taking service under this Rate Schedule, who fails to curtail their usage of natural gas within the one (1) hour notice period.

CHARACTER OF SERVICE

OVGC shall not be obligated to deliver to Customer an aggregate amount at all points of delivery in any one (1) hour more than one sixteenth (1/16) of the maximum daily volume specified in the Service Agreement.

RATE SCHEDULE

The monthly bill for gas delivered (sold) under this Rate Schedule, in addition to the Service Charge, shall be:

For all gas used $.8824 per Therm.

SERVICE CHARGE

$191.19 per meter per billing cycle month.

LATE PAYMENT CHARGE

A Late Payment Charge, of ten (10) percent on the first $3.00 or less, and three (3) percent on all amounts over  $3.00 will be made on all bills not paid on or before the due date of the bill.  Any payments received by OVGC after the due date will be subject to the Late Payment Charge. 

COLLECTION CHARGE:   

A Collection Charge of $27.00, will be made should it become necessary to send an employee or other agent to the Customer’s premises to collect a past due account.

RETURNED CHECK CHARGE:

A Returned Check Charge of $20.00, plus charges, if any, levied against OVGC’s bank account, will be made for any payment, including a direct debit, returned by a financial institution as unpaid.

RECONNECTION CHARGE:

To cover the cost of discontinuance and reestablishment of service for the same Customer at the same service address, a Reconnection Charge will be made which is the greater of either $50.00 or the product of the monthly service charge multiplied by the number of billing cycle months during which service was discon­tinued, up to a maximum of $2,294.28.  This charge must be paid before service is restored.  If the disconnected period exceeds one (1) year, OVGC may waive the reconnec­tion fee, provided that disconnection was not for violation of OVGC's rules and regulations. 

UNAUTHORIZED USE

If Customer fails to curtail their use of natural gas when requested to do so by OVGC, or resumes use of natural gas without the approval of OVGC, then such Customer shall be billed and agrees to pay a penalty of Three Dollars ($3.00) per Therm for all gas used during the curtailment period.

OVGC shall have the right, without obligation, to waive the penalty for any un­authorized overrun if OVGC's other Customers or its pipeline operations were not adversely affected by the unauthorized overrun.

TWENTY-FOUR (24) HOUR PURCHASE GAS DAY

For the purpose of this Rate Schedule the twenty-four (24) hour purchase gas day is that continuous twenty-four (24) hour period commencing at 7:00 a.m. local time and continuing to 7:00 a.m. local time the next day.

RATE ADJUSTMENT

This Rate Schedule is subject to the following adjustment:

The Gas Cost Adjustment Factor for Purchased Gas stated in Appendix B (Sheet No. 4‑10).

RULES AND REGULATIONS

This Rate Schedule is subject to OVGC's General Rules and Regulations Applicable to Gas Service, to the orders of the Indiana Utility Regulatory Commission, and to the Rules, Regulations and Standards of Service for Gas Public Utilities in Indiana as prescribed by the Indiana Utility Regulatory Commission.

RATE NO. 44

Interruptible Grain Drying Gas Service Rate Schedule

AVAILABILITY

Rate No. 44 is available to Customers whose primary load is for grain drying and who will take delivery of such gas in OVGC's Texas Gas Service Area (including Brownsville, Cannelton, Clinton Corners, Connersville, Dover, Everton, Guilford, Lawrenceville, Liberty, Logan Lyonsville, Negangard Corner, New Alsace, Penntown, St. Leon, St. Marks (Perry County), Springersville,  Sunman, Tell City, Troy, Yorkville, and certain rural areas in Dearborn, Fayette, Franklin, Perry, Ripley, and Spencer Counties; all in the state of Indiana).

APPLICABILITY

This Rate Schedule shall apply to natural gas delivered (sold) by OVGC to any Customer whose primary load is for grain drying and delivery will be on an interruptible basis.  OVGC reserves the right to discontinue the supply of natural gas on one (1) hour verbal or written notice and to interrupt such supply of gas at any time that OVGC shall deem it necessary.  The Customer agrees to discontinue the use of gas in compliance with such notices.

OVGC shall have the right to physically interrupt the flow of natural gas to any Customer taking service under this Rate Schedule, who fails to curtail their usage of natural gas within the one (1) hour notice period.

CHARACTER OF SERVICE

OVGC shall not be obligated to deliver to Customer an aggregate amount at all points of delivery in any one (1) hour more than one sixteenth (1/16) of the maximum daily volume specified in the Service Agreement.

RATE SCHEDULE

The monthly bill for gas delivered (sold) under this Rate Schedule, in addition to the Service Charge, shall be:

For all gas used $.8047 per Therm.

SERVICE CHARGE

Meter size 1400 scfh or less - $375.00 per meter, to be billed annually in the September billing cycle.

Meter size greater than 1400 scfh - $700.00 per meter, to be billed annually in the September billing cycle.

LATE PAYMENT CHARGE

A Late Payment Charge, of ten (10) percent on the first $3.00 or less, and three (3) percent on all amounts over  $3.00, will be made on all bills not paid on or before the due date of the bill.  Any payments received by OVGC after the due date will be subject to the Late Payment Charge. 

COLLECTION CHARGE:   

A Collection Charge of $27.00, will be made should it become necessary to send an employee or other agent to the Customer’s premises to collect a past due account. 

RETURNED CHECK CHARGE:

A Returned Check Charge of $20.00, plus charges, if any, levied against OVGC’s bank account, will be made for any payment, including a direct debit, returned by a financial institution as unpaid.

RECONNECTION CHARGE:

To cover the cost of discontinuance and reestablishment of service for the same Customer at the same service address, a Reconnection Charge will be made in the amount of $50.00.  However, the Customer shall be allowed one (1) discontinuance and reestablishment of service per calendar year without the payment of any Reconnection Charge.

UNAUTHORIZED USE

If Customer fails to curtail their use of natural gas when requested to do so by OVGC or resumes use of natural gas without the approval of OVGC, then such Customer shall be billed and agrees to pay a penalty of $3.00 per Therm for all gas used during the curtailment period.

OVGC shall have the right, without obligation, to waive the penalty for any un­authorized overrun if OVGC's other Customers or its pipeline operations were not adversely affected by the unauthorized overrun.

TWENTY-FOUR (24) HOUR PURCHASE GAS DAY

For the purpose of this Rate Schedule the twenty-four (24) hour purchase gas day is that continuous twenty-four (24) hour period commencing at 7:00 a.m. local time and continuing to 7:00 a.m. local time the next day.

RATE ADJUSTMENT

This Rate Schedule is subject to the following adjustment:

The Gas Cost Adjustment Factor for Purchased Gas stated in Appendix B (Sheet No. 4‑10).

RULES AND REGULATIONS

This Rate Schedule is subject to OVGC's General Rules and Regulations Applicable to Gas Service, to the orders of the Indiana Utility Regulatory Commission, and to the Rules, Regulations and Standards of Service for Gas Public Utilities in Indiana as prescribed by the Indiana Utility Regulatory Commission.

RATE NO. T45

Interruptible Gas Transportation Service for

Large Volume “Off-System” End-Users Rate Schedule

AVAILABILITY

Rate No. T45 is available to Interruptible "Off‑System" end‑users whose annual volume of gas in any calendar year exceeds 540,000 Therms and agrees to an annual billing at the end of the December billing cycle for any Therms less than 540,000 that were not transported during the calendar year at the applicable transportation rate as shown in this Rate Schedule plus the applicable surcharges as shown on the effective Appendix C for the December Billing Cycle; who has executed a Transportation Service Agreement wherein OVGC agrees to transport gas to "Off‑System" end‑user up to specified maximum daily and annual quantities (which shall be stated in said Transpor­tation Service Agreement); and who will take delivery of such gas in OVGC's Texas Gas Service Area (including Brownsville, Cannelton, Clinton Corners, Connersville, Dover, Everton, Guilford, Lawrenceville, Liberty, Logan Lyonsville, Negangard Corner, New Alsace, Penntown, St. Leon, St. Marks (Perry County), Springersville,  Sunman, Tell City, Troy, Yorkville, and certain rural areas in Dearborn, Fayette, Franklin, Perry, Ripley, and Spencer Counties; all in the state of Indiana).

APPLICABILITY

This Rate Schedule provides a means whereby OVGC, within the physical limitations of its existing distribution systems can, under specific contract, provide a service for the transportation of "Off‑System" end‑user owned natural gas.

"OFF‑SYSTEM" END‑USER DEFINED

As used in this Rate Schedule an "Off‑System" end‑user is a "non‑core" OVGC Customer for whom OVGC has no contractual obligation to provide natural gas from its OVGC system supply and for whose natural gas needs and requirements OVGC is not contractually committed to pay interstate pipeline charges of any kind (e.g., demand, capacity, reservation, commodity, etc.). 

ELIGIBILITY

Any Customer who meets the availability paragraph and this eligibility paragraph is eligible for service under this Rate Schedule.  This Rate Schedule is for any "Off‑System" end‑user owner of pipeline quality natural gas who desires OVGC to provide transportation of said natural gas between two mutually agreeable points on the existing OVGC gas distribution system, and who:

a.         Has met all applicable regulatory requirements and has the means (including but not limited to third party arrangements) for delivering said gas (of specified quality, quantity, pressure, etc.) to the agreed upon OVGC receipt point.

b.         Has the means (including but not limited to third party arrangements) for receiving and accepting said gas at the agreed upon OVGC delivery point.

c.         Has entered into a Transportation Service Agreement with OVGC for an initial period of not less than one (1) year.  This agreement may contain other provisions relating to said service which are not inconsistent herewith.

d.                  Has provided OVGC with sufficient documentation and other information to permit prior verification and approval of the means and arrangements cited in "a." and "b." above.  This documentation will include both transpor­tation arrangements and source of natural gas supply.  OVGC may require reasonable assurances from the "Off‑System" end‑user that the natural gas supply will physically flow to OVGC's city gate station on a timely and non‑interrupt­ed basis.

e.                  Agrees to provide OVGC with written Daily Nominations in a format acceptable to OVGC.  All Daily Nominations are due in OVGC's gas supply department by the 20th day of each calendar month for the upcoming month's quantities in therms, and shall be detailed by calendar day.  All written changes to the Daily Nominations, when received in OVGC's gas supply department by 9:00 a.m. on a scheduled OVGC working day, will become effective the next twenty-four (24) hour purchase gas day, or such later twenty-four (24) hour purchase gas day specified by the end‑user.  All written changes to the Daily Nominations shall be reflected for the remaining calendar days of the applicable month.  Only written Daily Nominations properly received by the OVGC gas supply department will be recognized when determining daily balanc­ing, etc.  For the purpose of this Rate Schedule, facsimile transmis­sions to OVGC's gas supply department will be deemed a written notice.  Only allocated volumes shown on the applicable interstate pipeline’s Electronic Bulletin Board will be recognized when billing any end-user and determining their Daily Balances and Cashout of Monthly Imbalance charges.

f.                    Agrees that it is the responsibility of the “Off-System” end-user and their agents to ensure that the correct quantities of natural gas are properly nominated to the applicable receipt and delivery points utilized by OVGC.  OVGC assumes no responsibility or liability for the accuracy of nominations by “Off-System” end-users.

Those "Off‑System" end‑users who purchase excess OVGC interstate pipeline capacity or natural gas supplies are relieved of the applicable portions of paragraphs “a.” through “d.” above.  However, paragraph “e.” above will still apply to OVGC supplied natural gas purchases.

CHARACTER OF TRANSPORTATION SERVICE

OVGC shall have the right to curtail or discontinue acceptance, transportation, or redelivery of gas under this Rate Schedule whenever, and for such periods of time, in the sole judgement of OVGC, it is necessary or desirable.  OVGC will generally attempt to provide a one (1) hour notice, either verbal, or written, of its intent to curtail or discontinue acceptance, transportation, or redelivery of natural gas.  Also, OVGC will curtail the flow of natural gas to any "Off‑System" end‑user upon notification from its interstate pipeline or other reliable sources (producers, marketers, or brokers) that specific natural gas quantities for applicable "Off‑System" end‑user are not flowing into the interstate pipeline trans­mission system.  OVGC will attempt to verify the information with its interstate pipeline prior to invoking a curtailment at the end‑user's meter. 

Service rendered by OVGC (as transporter) shall consist of: 

a.         Receipt of natural gas on behalf of "Off‑System" end‑user (Shipper) at the Point(s) of Receipt specified in the executed Transportation Service Agree­ment.

b.         Transportation of the natural gas from the Point(s) of Receipt to the Point(s) of Delivery.

c.         Delivery of the natural gas to the "Off‑System" end‑user (Shipper) at the Point(s) of Delivery as specified in the executed Transportation Service Agreement.

Any natural gas which flows into the OVGC city gate station during periods of total curtailment that is owned by an "Off‑System" end‑user shall be purchased by OVGC from the applicable "Off‑System" end‑user at the documented price paid by the "Off‑System" end‑user.

RATE SCHEDULE

For all gas received, transported, and redelivered $.0332 per Therm.

RATE ADJUSTMENTS

This rate is subject to the surcharges shown on Appendix C (Sheet No. 4‑11).

SERVICE CHARGE

$862.08 per delivery meter per billing cycle month.

FUEL LOSS CHARGE

OVGC shall retain 1% of the received transport gas to account for fuel loss within the OVGC Distribution System.  OVGC will not charge any "Off‑System" end‑user a transportation charge for such retained gas.

LATE PAYMENT CHARGE

A Late Payment Charge, of ten (10) percent on the first $3.00 or less, and three (3) percent on all amounts over  $3.00, will be made on all bills not paid on or before the due date of the bill.  Any payments received by OVGC after the due date will be subject to the Late Payment Charge. 

COLLECTION CHARGE:   

A Collection Charge of $27.00, will be made should it become necessary to send an employee or other agent to the Customer’s premises to collect a past due account.

RETURNED CHECK CHARGE:

A Returned Check Charge of $20.00, plus charges, if any, levied against OVGC’s bank account, will be made for any payment, including a direct debit, returned by a financial institution as unpaid.

RECONNECTION CHARGE:

To cover the cost of discontinuance and reestablishment of service for the same Customer at the same service address, a Reconnection Charge will be made which is the greater of either $50.00 or the product of the monthly service charge multiplied by the number of billing cycle months during which service was discon­tinued, up to a maximum of $10,344.96.  This charge must be paid before service is restored.  If the disconnected period exceeds one (1) year, OVGC may waive the reconnec­tion fee, provided that disconnection was not for violation of OVGC's rules and regulations. 

UNAUTHORIZED USE

If "Off‑System" end‑user fails to completely curtail its use of natural gas within one  (1) hour of OVGC's verbal or written notice, then such end‑user shall be billed and agrees to pay a penalty of $3.00 per Therm for all gas used during the curtailment period.           

OVERRUN SERVICE AND DAILY BALANCING CHARGES

a.         Unauthorized Overrun

(1)        If "Off‑System" end‑user has been informed by OVGC to stay within their Daily Nomination (plus allowable tolerance), and then uses a quantity of natural gas which is greater than their Daily Nomination (plus allowable tolerance) without prior written or verbal approval of OVGC, the excess shall constitute an Unauthorized Overrun and the  “Off‑System" end‑user shall pay OVGC a penalty of $3.00 per Therm for all natural gas used in excess of the Daily Nomination (plus allowable tolerance) for the applicable twenty-four (24) hour purchase gas day.  The penalty shall be in addition to all other applicable charges.

(2)        The payment of a penalty for unauthorized overrun shall not, under any circumstances, be considered as giving the "Off‑System" end‑user the right to take unauthorized overruns.  Further, such payment shall not be considered a substitute for any other remedies available to OVGC or any of OVGC's other Customers for failure to respect their obligation to adhere to the provisions of the Transportation Service Agreement.

(3)        OVGC shall have the right, without obligation, to waive the penalty for  any unauthorized overrun, provided OVGC's other Customers or its pipeline operations were not adversely affected.

(4)        OVGC shall waive any penalty for an unauthorized overrun when such overrun occurred under circumstances beyond the control of the  "Off‑System" end‑user due to emergency conditions on OVGC's facilities; or when such overrun is due to accident or breakage of pipelines, machinery, or equipment of the "Off‑System" end‑user.  However, the end‑user shall promptly take such action, as may be necessary and practicable, to repair or remedy the situation and furnish OVGC satisfactory  evidence that such accident or breakage was not due to "Off‑System" end‑user's negligence.

b.         Authorized Overrun

                        (1)        Each twenty-four (24) hour purchase gas day, OVGC will allow an "Off‑System" end‑user an allowable tolerance on their Daily Nomination, without additional charge.

                        (2)        If the difference between an "Off‑System" end‑user's actual take for a twenty-four (24) hour purchase gas day, and their Daily Nomination as on file with the OVGC gas supply department for the applicable twenty-four (24) hour purchase gas day, is not within the allowable tolerance, those quantities beyond the allowable tolerance will be subject to a Daily Balancing Charge.

c.         Allowable Tolerance

The allowable tolerance per each twenty-four (24) hour purchase gas day, shall be ten (10) percent of the applicable Daily Nomination on file with OVGC.

d.         Daily Balancing Charge

Quantities of natural gas used that are not within the allowable tolerance of their Daily Nomination, shall be subject to a Daily Balancing Charge of $.025 per Therm.  The Daily Balancing Charge will apply to quantities both above or below the allowable tolerance.  The Daily Balancing Charge shall be applied daily and there will be no netting of individual daily tolerances.

CASHOUT OF MONTHLY IMBALANCE

An "Off‑System" end‑user who purchases its natural gas supply from a third party shall be subject to net aggregate monthly imbalancing cashout.  At the end of each billing  month, OVGC will determine the imbalance by comparing the net receipts at OVGC's city gate station from the applicable interstate pipeline to actual deliveries through the "Off‑System" end‑user's meter.  The net aggregate imbalance percentage for each "Off‑System" end‑user will be determined by dividing the actual net imbalance by the net quantity delivered to said "Off‑System" end‑user during the billing cycle month.  

If "Off‑System" end‑user has a net aggregate monthly imbalance such that the total quantity of gas received by OVGC during the billing month is LESS than the total quantity of gas delivered by OVGC, the "Off‑System" end‑user shall be billed by OVGC on their monthly billing for "Off‑System" end‑user's net aggregate monthly imbalance according to the following table:

Net Aggregate                                   Percentage of
Monthly Imbalance                           OVGC City Gate
Percentage                                        Station Price       

  0% ‑ 5%                                             100%

  6% - 10%                                           110%

11% ‑ 15%                                           120%

16% ‑ 20%                                           130%

21% & up                                             140%

If "Off‑System" end‑user has a net aggregate monthly imbalance such that the total quantity of gas received by OVGC during the month is greater than the total quantity of  gas delivered by OVGC to the “Off-System” end-user, OVGC shall  credit the "Off‑System" end‑user on their monthly billing for the net aggregate monthly imbalance.  If the credit is greater than the total monthly billing, then it shall be applied to subsequent billing cycles.  OVGC will not refund any monies to the Customer unless the credit exceeds the expected combined billings for the next two billing cycles.  The credit will be computed based upon the following table:

Net Aggregate                                   Percentage of
Monthly Imbalance                           OVGC City Gate
Percentage                                        Station Price           

  0% ‑ 5%                                             100%

6% - 10%                                               90%

11% ‑ 15%                                             80%

16% ‑ 20%                                             70%

21% & up                                               60%

An "Off‑System" end‑user who is purchasing their natural gas supply from OVGC will not incur any cashout of monthly imbalances.  Any Customer who directs OVGC, in writing, to commit to a fixed-price quantity of natural gas, specifically for that Customer and that Customer fails to take at least that quantity of natural gas in the applicable billing cycle, shall be subjected to a Cashout of Monthly Imbalance charge.

AVAILABILITY OF TRANSPORTATION CAPACITY AND NATURAL GAS SUPPLY FROM OVGC

Any "Off‑System" end‑user, taking service under this Rate Schedule, shall have the first right of refusal to any excess interstate pipeline capacity (subject to recall as per agreement at the time the transaction is consummated) that OVGC may have from time to time depending upon prevailing usage patterns, weather, etc.  The priority for the offering of excess interstate pipeline capacity and any available natural gas supplies, among the "Off‑System" end‑users receiving service under this Rate Schedule will be on  the basis of their original service date (date the "Off‑System" end‑user first received service).  The charge by OVGC to an "Off‑System" end‑user for such recallable transportation capacity will be as negotiated at the time the transaction is consummated.  All revenue generated from the release of excess capacity will be credited to OVGC's applicable gas cost adjustment mechanism and credited to its regular sales Customers.

Any "Off‑System" end‑user taking service under this Rate Schedule may elect to purchase  their gas supply from OVGC on an as available basis (subject to recall as per agreement at the time the transaction is consummated).  Such gas supply will be offered at OVGC's  city gate station price for the applicable month plus $.005 per Therm for administration costs.  

SPECIAL CONSIDERATIONS

Any Customer electing to receive service under this Rate Schedule shall pay a one-time charge of $1,000.00 to offset initial setup costs of the Company.

Any "Off‑System" end‑user who was receiving service under a previously approved OVGC Rate No. T45 on the effective date of this Rate Schedule shall remain eligible for service hereunder regardless of its usage level.

TWENTY-FOUR (24) HOUR PURCHASE GAS DAY

For the purpose of this Rate Schedule the twenty-four (24) hour purchase gas day is that continuous twenty-four (24) hour period commencing at 9:00 a.m. Central Clock Time and continuing to 9:00 a.m. Central Clock Time the next day.

RULES AND REGULATIONS

Transportation service hereunder shall, where applicable, be subject to OVGC's General  Rules and Regulations Applicable to Gas Service, to the orders of the Indiana Utility Regulatory Commission, and to the Rules, Regulations and Standards of Service for Gas  Public Utilities in Indiana as prescribed by the Indiana Utility Regulatory Commission.

RATE NO. T46

Interruptible Gas Transportation Service for

Small Volume “Off-System” End-Users Rate Schedule

AVAILABILITY

Rate No. T46 is available to Interruptible "Off‑System" end‑users whose annual volume of gas in any calendar year is greater than 100,000 Therms but less than 540,000 Therms and agrees to an annual billing at the end of the December billing cycle for any Therms less than 100,000 that were not transported during the calendar year at the applicable transportation rate as shown in this Rate Schedule plus the applicable surcharges as shown on the effective Appendix C for the December Billing Cycle; who has executed a Transportation Service Agreement wherein OVGC agrees to transport gas to "Off‑System" end‑user up to specified maximum daily and annual quantities (which shall be stated in said Transpor­tation Service Agreement); and who will take delivery of such gas in OVGC's Texas Gas Service Area (including Brownsville, Cannelton, Clinton Corners, Connersville, Dover, Everton, Guilford, Lawrenceville, Liberty, Logan Lyonsville, Negangard Corner, New Alsace, Penntown, St. Leon, St. Marks (Perry County), Springersville,  Sunman, Tell City, Troy, Yorkville, and certain rural areas in Dearborn, Fayette, Franklin, Perry, Ripley, and Spencer Counties; all in the state of Indiana).

APPLICABILITY

This Rate Schedule provides a means whereby OVGC, within the physical limitations of its existing distribution systems can, under specific contract, provide a service for the transportation of "Off‑System" end‑user owned natural gas.

"OFF‑SYSTEM" END‑USER DEFINED

As used in this Rate Schedule an "Off‑System" end‑user is a "non‑core" OVGC Customer for whom OVGC has no contractual obligation to provide natural gas from its OVGC system supply and for whose natural gas needs and requirements OVGC is not contractually committed to pay interstate pipeline charges of any kind (e.g., demand, capacity, reservation, commodity, etc.). 

ELIGIBILITY

Any Customer who meets the availability paragraph and this eligibility paragraph is eligible for service under this Rate Schedule.  This Rate Schedule is for any "Off‑System" end‑user owner of pipeline quality natural gas who desires OVGC to provide transportation of said natural gas between two mutually agreeable points on the existing OVGC gas distribution system, and who:

a.         Has met all applicable regulatory requirements and has the means (including but not limited to third party arrangements) for delivering said gas (of specified quality, quantity, pressure, etc.) to the agreed upon OVGC receipt point.

b.         Has the means (including but not limited to third party arrangements) for receiving and accepting said gas at the agreed upon OVGC delivery point.

c.         Has entered into a Transportation Service Agreement with OVGC for an initial period of not less than one (1) year.  This agreement may contain other provisions relating to said service which are not inconsistent herewith.

d.         Has provided OVGC with sufficient documentation and other information to permit prior verification and approval of the means and arrangements cited in "a." and "b." above.  This documentation will include both transpor­tation arrangements and source of natural gas supply.  OVGC may require reasonable assurances from the "Off‑System" end‑user that the natural gas supply will physically flow to OVGC's city gate station on a timely and non‑interrupt­ed basis.

e.                  Agrees to provide OVGC with written Daily Nominations in a format acceptable to OVGC.  All Daily Nominations are due in OVGC's gas supply department by the 20th day of each calendar month for the upcoming month's quantities in therms, and shall be detailed by calendar day.  All written changes to the Daily Nominations, when received in OVGC's gas supply department by 9:00 a.m. on a scheduled OVGC working day, will become effective the next twenty-four (24) hour purchase gas day, or such later twenty-four (24) hour purchase gas day specified by the end‑user.  All written changes to the Daily Nominations shall be reflected for the remaining calendar days of the applicable month.  Only written Daily Nominations properly received by the OVGC gas supply department will be recognized when determining daily balanc­ing, etc.  For the purpose of this Rate Schedule, facsimile transmis­sions to OVGC's gas supply department will be deemed a written notice.  Only allocated volumes shown on the applicable interstate pipeline’s Electronic Bulletin Board will be recognized when billing any end-user and determining their Daily Balances and Cashout of Monthly Imbalance charges.

f.                    Agrees that it is the responsibility of the “Off-System” end-user and their agents to ensure that the correct quantities of natural gas are properly nominated to the applicable receipt and delivery points utilized by OVGC.  OVGC assumes no responsibility or liability for the accuracy of nominations by “Off-System” end-users.

Those "Off‑System" end‑users who purchase excess OVGC interstate pipeline capacity or natural gas supplies are relieved of the applicable portions of paragraphs “a.” through “d.” above.  However, paragraph “e.” above will still apply to OVGC supplied natural gas purchases.

CHARACTER OF TRANSPORTATION SERVICE

OVGC shall have the right to curtail or discontinue acceptance, transportation, or redelivery of gas under this Rate Schedule whenever, and for such periods of time, in the sole judgement of OVGC, it is necessary or desirable.  OVGC will generally attempt to provide a one (1) hour notice, either verbal, or written, of its intent to curtail or discontinue acceptance, transportation, or redelivery of natural gas.  Also, OVGC will curtail the flow of natural gas to any "Off‑System" end‑user upon notification from its interstate pipeline or other reliable sources (producers, marketers, or brokers) that specific natural gas quantities for applicable "Off‑System" end‑user are not flowing into the interstate pipeline trans­mission system.  OVGC will attempt to verify the information with its interstate pipeline prior to invoking a curtailment at the end‑user's meter. 

Service rendered by OVGC (as transporter) shall consist of: 

a.         Receipt of natural gas on behalf of "Off‑System" end‑user (Shipper) at the Point(s) of Receipt specified in the executed Transportation Service Agree­ment.

b.         Transportation of the natural gas from the Point(s) of Receipt to the Point(s) of Delivery.

c.         Delivery of the natural gas to the "Off‑System" end‑user (Shipper) at the Point(s) of Delivery as specified in the executed Transportation Service Agreement.

Any natural gas which flows into the OVGC city gate station during periods of total curtailment that is owned by an "Off‑System" end‑user shall be purchased by OVGC from the applicable "Off‑System" end‑user at the documented price paid by the "Off‑System" end‑user.

RATE SCHEDULE

For all gas received, transported, and redelivered $.0450 per Therm.

RATE ADJUSTMENTS

This rate is subject to the surcharges shown on Appendix C (Sheet No. 4‑11).

SERVICE CHARGE

$500.00 per delivery meter per billing cycle month.

FUEL LOSS CHARGE

OVGC shall retain 1% of the received transport gas to account for fuel loss within the OVGC Distribution System.  OVGC will not charge any "Off‑System" end‑user a transportation charge for such retained gas.

LATE PAYMENT CHARGE

A Late Payment Charge, of ten (10) percent on the first $3.00 or less, and three (3) percent on all amounts over  $3.00, will be made on all bills not paid on or before the due date of the bill.  Any payments received by OVGC after the due date will be subject to the Late Payment Charge. 

COLLECTION CHARGE:   

A Collection Charge of $27.00, will be made should it become necessary to send an employee or other agent to the Customer’s premises to collect a past due account.

RETURNED CHECK CHARGE:

  A Returned Check Charge of $20.00, plus charges, if any, levied against OVGC’s bank account, will be made for any payment, including a direct debit, returned by a financial institution as unpaid.

RECONNECTION CHARGE:

To cover the cost of discontinuance and reestablishment of service for the same Customer at the same service address, a Reconnection Charge will be made which is the greater of either $50.00 or the product of the monthly service charge multiplied by the number of billing cycle months during which service was discon­tinued, up to a maximum of $6,000.00.  This charge must be paid before service is restored.  If the disconnected period exceeds one (1) year, OVGC may waive the reconnec­tion fee, provided that disconnection was not for violation of OVGC's rules and regulations. 

UNAUTHORIZED USE

If "Off‑System" end‑user fails to completely curtail its use of natural gas within one  (1) hour of OVGC's verbal or written notice, then such end‑user shall be billed and agrees to pay a penalty of $3.00 per Therm for all gas used during the curtailment period.           

OVERRUN SERVICE AND DAILY BALANCING CHARGES

a.         Unauthorized Overrun

(1)        If "Off‑System" end‑user has been informed by OVGC to stay within their Daily Nomination (plus allowable tolerance), and then uses a quantity of natural gas which is greater than their Daily Nomination (plus allowable tolerance) without prior written or verbal approval of OVGC, the excess shall constitute an Unauthorized Overrun and the  “Off‑System" end‑user shall pay OVGC a penalty of $3.00 per Therm for all natural gas used in excess of the Daily Nomination (plus allowable tolerance) for the applicable twenty-four (24) hour purchase gas day.  The penalty shall be in addition to all other applicable charges.

(2)        The payment of a penalty for unauthorized overrun shall not, under any circumstances, be considered as giving the "Off‑System" end‑user the right to take unauthorized overruns.  Further, such payment shall not be considered a substitute for any other remedies available to OVGC or any of OVGC's other Customers for failure to respect their obligation to adhere to the provisions of the Transportation Service Agreement.

(3)        OVGC shall have the right, without obligation, to waive the penalty for  any unauthorized overrun, provided OVGC's other Customers or its pipeline operations were not adversely affected.

(4)        OVGC shall waive any penalty for an unauthorized overrun when such overrun occurred under circumstances beyond the control of the  "Off‑System" end‑user due to emergency conditions on OVGC's facilities; or when such overrun is due to accident or breakage of pipelines, machinery, or equipment of the "Off‑System" end‑user.  However, the end‑user shall promptly take such action, as may be necessary and practicable, to repair or remedy the situation and furnish OVGC satisfactory  evidence that such accident or breakage was not due to "Off‑System" end‑user's negligence.

b.         Authorized Overrun

                        (1)        Each twenty-four (24) hour purchase gas day, OVGC will allow an "Off‑System" end‑user an allowable tolerance on their Daily Nomination, without additional charge.

                        (2)        If the difference between an "Off‑System" end‑user's actual take for a twenty-four (24) hour purchase gas day, and their Daily Nomination as on file with the OVGC gas supply department for the applicable twenty-four (24) hour purchase gas day, is not within the allowable tolerance, those quantities beyond the allowable tolerance will be subject to a Daily Balancing Charge.

c.         Allowable Tolerance

The allowable tolerance per each twenty-four (24) hour purchase gas day, shall be ten (10) percent of the applicable Daily Nomination on file with OVGC.

d.         Daily Balancing Charge

Quantities of natural gas used that are not within the allowable tolerance of  their Daily Nomination, shall be subject to a Daily Balancing Charge of $.025 per Therm.  The Daily Balancing Charge will apply to quantities both above or below the allowable tolerance.  The Daily Balancing Charge shall be applied daily and there will be no netting of individual daily tolerances.

CASHOUT OF MONTHLY IMBALANCE

An "Off‑System" end‑user who purchases its natural gas supply from a third party shall be subject to net aggregate monthly imbalancing cashout.  At the end of each billing  month, OVGC will determine the imbalance by comparing the net receipts at OVGC's city gate station from the applicable interstate pipeline to actual deliveries through the "Off‑System" end‑user's meter.  The net aggregate imbalance percentage for each "Off‑System" end‑user will be determined by dividing the actual net imbalance by the net quantity delivered to said "Off‑System" end‑user during the billing cycle month.  

If "Off‑System" end‑user has a net aggregate monthly imbalance such that the total quantity of gas received by OVGC during the billing month is LESS than the total quantity of gas delivered by OVGC, the "Off‑System" end‑user shall be billed by OVGC on their monthly billing for "Off‑System" end‑user's net aggregate monthly imbalance according to the following table:

Net Aggregate                                   Percentage of
Monthly Imbalance                           OVGC City Gate
Percentage                                        Station Price       

  0% ‑ 5%                                             100%

  6% - 10%                                           110%

11% ‑ 15%                                           120%

16% ‑ 20%                                           130%

21% & up                                             140%

If "Off‑System" end‑user has a net aggregate monthly imbalance such that the total quantity of gas received by OVGC during the month is greater than the total quantity of  gas delivered by OVGC to the “Off-System” end-user, OVGC shall credit the "Off‑System" end‑user on their monthly billing for the net aggregate monthly imbalance.  If the credit is greater than the total monthly billing, then it shall be applied to subsequent billing cycles.  OVGC will not refund any monies to the Customer unless the credit exceeds the expected combined billings for the next two billing cycles.  The credit will be computed based upon the following table:

Net Aggregate                                   Percentage of
Monthly Imbalance                           OVGC City Gate
Percentage                                        Station Price           

  0% ‑ 5%                                             100%

  6% - 10%                                             90%

11% ‑ 15%                                             80%

16% ‑ 20%                                             70%

21% & up                                               60%

An "Off‑System" end‑user who is purchasing their natural gas supply from OVGC will not incur any cashout of monthly imbalances.  Any Customer who directs OVGC, in writing, to commit to a fixed-price quantity of natural gas, specifically for that Customer and that Customer fails to take at least that quantity of natural gas in the applicable billing cycle, shall be subjected to a Cashout of Monthly Imbalance charge.

AVAILABILITY OF TRANSPORTATION CAPACITY AND NATURAL GAS SUPPLY FROM OVGC

Any "Off‑System" end‑user, taking service under this Rate Schedule, shall have the first right of refusal to any excess interstate pipeline capacity (subject to recall as per agreement at the time the transaction is consummated) that OVGC may have from time to time depending upon prevailing usage patterns, weather, etc.  The priority for the offering of excess interstate pipeline capacity and any available natural gas supplies, among the "Off‑System" end‑users receiving service under this Rate Schedule will be on  the basis of their original service date (date the "Off‑System" end‑user first received service).  The charge by OVGC to an "Off‑System" end‑user for such recallable transportation capacity will be as negotiated at the time the transaction is consummated.  All revenue generated from the release of excess capacity will be credited to OVGC's applicable gas cost adjustment mechanism and credited to its regular sales Customers.

Any "Off‑System" end‑user taking service under this Rate Schedule may elect to purchase  their gas supply from OVGC on an as available basis (subject to recall as per agreement at the time the transaction is consummated).  Such gas supply will be offered at OVGC's  city gate station price for the applicable month plus $.005 per Therm for administration costs.  

SPECIAL CONSIDERATIONS

Any Customer electing to receive service under this Rate Schedule shall pay a one-time charge of $1,000.00 to offset initial setup costs of the Company.

TWENTY-FOUR (24) HOUR PURCHASE GAS DAY

For the purpose of this Rate Schedule the twenty-four (24) hour purchase gas day is that continuous twenty-four (24) hour period commencing at 9:00 a.m. Central Clock Time and continuing to 9:00 a.m. Central Clock Time the next day.

RULES AND REGULATIONS

Transportation service hereunder shall, where applicable, be subject to OVGC's General  Rules and Regulations Applicable to Gas Service, to the orders of the Indiana Utility Regulatory Commission, and to the Rules, Regulations and Standards of Service for Gas  Public Utilities in Indiana as prescribed by the Indiana Utility Regulatory Commission.

RESERVED FOR FUTURE USE

RATE NO. T48

Public Schools “Off-System” Transportation Service
                        

AVAILABILITY

This Rate Schedule shall be available throughout the TEXAS GAS Service Area, subject to the availability of adequate facilities, which determination shall be within OVGC's reasonable discretion.   

APPLICABILITY

This Rate Schedule provides a means whereby OVGC, within the physical limitations of its existing distribution systems can, under specific contract (OVGC’s Transportation Services Agreement), provide a service for the transportation of “Off-System” end-user owned natural gas.  This Rate Schedule shall be applicable to any public educational institution serving students in grades K through 12 that elects service hereunder.

A Customer is further defined for this Rate Schedule to be a single public school corporation, or multiple public school corporations, that elect(s) to purchase gas supply and pipeline capacity for one or more of its school facilities from a supplier other than OVGC, and meets all requirements of this Rate Schedule.  Each school facility served under this Rate Schedule will have an Annual Usage of less than 100,000 therms.  A school facility is further defined as being any single structure owned by and utilized by the Customer to serve students as defined in the above paragraph.

OVGC will contract directly with the Customer for all transportation services under this Rate Schedule.  No separate pooling services agreement will be transacted with the Customer’s supplier and/or gas marketer. 

Any school facility of the Customer already on another OVGC transportation rate schedule and continuing to qualify for same, may remain on such rate schedule after this Rate Schedule becomes effective.

"OFF‑SYSTEM" DEFINED

As used in this Rate Schedule an "Off‑System" Customer is a Customer for whom OVGC has no contractual obligation to provide natural gas from its  system supply and for whose natural gas needs and requirements OVGC is not contractually committed to pay interstate pipeline charges of any kind (e.g., demand, capacity, reservation, commodity, etc.). 

ELIGIBILITY

Any Customer who meets the requirements of the applicability paragraph is eligible for service under this Rate Schedule, and who:

a.                    Has met all applicable regulatory requirements and has the means (including but not limited to third party arrangements) for delivering said gas (of specified quality, quantity, pressure, etc.) to the agreed upon OVGC receipt point. 

b.                    Has the means (including but not limited to third party arrangements) for receiving and accepting said gas at the agreed upon OVGC delivery point.

c.                &n