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. 9 Original Sheet No. 9
(v) Unauthorized Overrun Gas: All Unauthorized Overrun Gas, as set forth in
Section 30.2(c) of the General Terms & Conditions, shall be assessed the
penalties set out in Section 30 ("Operational Flow Orders and Penalties")
of the General Terms and Conditions.
(d) Adjustment to the Reservation Charge or Negotiated Rate.
(i) MDDQ Shortfall. If, on any Day, COMPANY fails to make available for
transportation the quantity up to the TD that SHIPPER has nominated, and
such failure is not attributable to failure of the Point Operator to
confirm the nomination, the Reservation Charge or Negotiated Rate otherwise
payable by the SHIPPER for each such Day shall, unless provided otherwise
below, be credited by an amount equal to the product of:
(A) the quantity not made available ("TD Shortfall"), times
(B) SHIPPER's Reservation Charge or Negotiated Rate on a 100 percent
load factor basis.
(ii) MDDQ Shortfall due to force majeure. In the event of force majeure, as
defined in Section 8.3 of the General Terms and Conditions, causing COMPANY
to fail to make available for delivery the quantity up to the TD that
SHIPPER has nominated, the Reservation Charge or Negotiated Rate otherwise
payable by the SHIPPER for each such Day shall, unless provided otherwise
below, be credited by an amount equal to the product of:
(A) the TD Shortfall, times
(B) that portion of the maximum recourse reservation rate attributable
to COMPANY's allowed return on common equity and associated income
taxes, as determined in the last FERC proceeding establishing such
rate.
The result of the calculation in (A) and (B) shall be the "Recourse Floor"
rate. If SHIPPER pays a discounted reservation rate or Negotiated Rate for
such MDDQ Shortfall that exceeds the Recourse Floor, then SHIPPER shall
likewise receive a credit no greater than an amount resulting in SHIPPER's
paying the Recourse Floor.