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.