Elba Express Company, L.L.C.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 6 Original Sheet No. 6

 

RATE SCHEDULE FTS

 

Firm Transportation Service

 

1. AVAILABILITY

 

(a) This Rate Schedule is available to any party ("SHIPPER") that

requests transportation of natural gas on a firm basis for a

period of consecutive, uninterrupted days, months, or years from

Elba Express Company, L.L.C. ("COMPANY") when:

 

(i) COMPANY has sufficient capacity and is able to provide such

transportation; and

 

(ii) SHIPPER has complied with the requirements of Section 2 of

the General Terms and Conditions ("GT&C") applicable hereto;

and

 

(iii) SHIPPER and COMPANY have executed a Firm Transportation

Service Agreement ("FTS Agreement") for service under this

Rate Schedule.

 

SHIPPER may combine packages of capacity, including capacity

acquired under Section 20 of the General Terms and Conditions,

under one master FTS Agreement and the Exhibit "B" to said FTS

Agreement shall state the term, volume, and Delivery Points

associated with each package of capacity; and, if applicable, the

months such volumes are available to SHIPPER.

 

SHIPPER may also designate a party to act as agent for multiple

shippers under one master FTS Agreement provided the following

conditions have been met:

 

A. SHIPPERS demonstrate to COMPANY that they collectively

meet the "shipper must have title" requirement set

forth in Section 2.1(a)(viii) of the General Terms and

Conditions hereunder;

 

B. SHIPPERS provide COMPANY with written notice to

COMPANY pursuant to Section 21.2 of the General Terms

and Conditions that the agent is authorized to act on

their behalf and that each SHIPPER is jointly and

severally liable for all of the obligations of SHIPPER

under the FTS Agreement; and

 

C. SHIPPERS recognize and agree that they shall be

treated collectively as one SHIPPER for nomination,

allocation and billing purposes.

 

(b) Unless otherwise agreed in writing or set forth in this Tariff,

COMPANY shall not be obligated to construct, modify, or acquire

facilities to perform transportation services under this Rate

Schedule.