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. 8 Original Sheet No. 8

 

(b) The rates which are stated on the currently effective Rate Sheet for Firm

Transportation Service set forth the maximum rates applicable to each service

provided under this Rate Schedule, and the range represented by the maximum and

minimum rates stated for each such service. SHIPPER shall pay the maximum rates

for service under this Rate Schedule unless COMPANY, in its reasonable judgment,

offers to discount its rate to SHIPPER under Section 31 ("Discount Terms") of the

General Terms and Conditions or unless the parties have agreed to a Negotiated Rate

under Section 27 ("Negotiated Rate Provisions") of the General Terms and

Conditions. Any discount or Negotiated Rate agreed to by COMPANY and the effective

period of any such rate shall be stated on an executed Exhibit E or Exhibit F to

the Service Agreement, respectively, and shall be made on a not unduly

discriminatory basis. In the case of a discount, it shall be granted consistent

with the applicable provisions of Section 31 of the General Terms and Conditions.

The rates for service under this Rate Schedule shall not be discounted below the

applicable minimum rates specified on the currently effective Rate Sheet for Firm

Transportation Service.

 

(c) In addition to the charges specified above, SHIPPER shall pay to COMPANY the

following charges and such other charges and surcharges applicable to service

hereunder as may be set forth from time to time in the General Terms and

Conditions:

 

(i) ACA charge: An Annual Charge Adjustment charge as prescribed by Section 24

("Annual Charge Adjustment Clause") of the General Terms and Conditions, as

such charge may be changed from time to time.

 

(ii) Fuel & LAUF charges: A percentage of the quantity of gas received by

COMPANY at the Receipt Point(s) as (A) gas required for operations ("GRO"),

such as compressor fuel, company-use gas, or (B) lost and unaccounted-for

("LAUF") gas (GRO and LAUF together, may be referred to herein as "Fuel").

The percentage of the quantity of gas retained by COMPANY for GRO and LAUF

shall be separately set forth on the currently effective rate sheet for

Rate Schedule FTS and established pursuant to Section 25 ("Reimbursement of

Fuel Used and Lost and Unaccounted-For Gas") of the General Terms and

Conditions.

 

(iii) Electric power charge: An electric power charge adjustment ("EPCA")

surcharge for each Dth delivered for SHIPPER's account as set forth on the

currently effective rate sheet for Rate Schedule FTS and calculated

pursuant to Section 32_ ("Electric Power Costs Adjustment Provision") of

the General Terms and Conditions.

 

(iv) Authorized Overrun Charge: An amount obtained by multiplying (a) the

Quantity of Gas scheduled for delivery, in Dth, in excess of the Shipper's

firm Transportation Demand as expressed in Dth using the Btu factor

("Authorized Overrun"), received by COMPANY from SHIPPER for

transportation, by (b) the Authorized Overrun Rate per Dth as set forth on

the Rate Sheet for Firm Transportation Service, which rate shall equal the

maximum recourse transportation charge under Rate Schedule ITS. Authorized

overrun quantities have the priority set forth in Section 16.2(d)

("Allocation of Capacity") of the General Terms and Conditions.