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. 10 Original Sheet No. 10

 

(iii) No credits to the Reservation Charge for service failure shall be due to

the extent the affected TD has been released under Section 20 of the

General Terms and Conditions to Receipt Points or Delivery Points other

than the affected Primary Receipt Point and Primary Delivery Point;

 

(iv) COMPANY shall not be obligated to credit the Reservation Charge or

Negotiated Rate to the extent that COMPANY's failure to deliver Gas to

SHIPPER results from either or a combination of the following

circumstances:

 

(A) the conduct or operations of SHIPPER or the downstream Point

Operator of the facilities at a Primary Delivery Point including,

but not limited to, damage or malfunction of the downstream Point

Operator's facilities or the inability of the downstream Point

Operator to receive Gas at the pressure in SHIPPER's Service

Agreement or COMPANY's mainline pressure, provided none of the

foregoing are caused by acts or omissions of COMPANY; or

 

(B) the conduct or operations of SHIPPER or the upstream Point Operator

of the facilities at the Primary Receipt Point including, but not

limited to, damage or malfunction of the upstream Point Operator's

facilities or the inability of the upstream Point Operator to

deliver gas at COMPANY's mainline pressure or minimum pressure

provided in SHIPPER's Service Agreement, provided none of the

foregoing are caused by acts or omissions of COMPANY; and provided

that if COMPANY's facilities also incurred damage and are

inoperable, any credit to SHIPPER under this subsection (d) shall

apply only until such time when COMPANY's facilities are placed back

in service.

 

4. SIMULTANEOUS RECEIPT AND DELIVERY OF GAS

 

Services under this Rate Schedule will be provided on the basis that gas will be received

and delivered by COMPANY on a simultaneous basis. COMPANY is obligated under this Rate

Schedule to deliver gas to a Primary Delivery Point on a primary firm basis to or for the

account of SHIPPER the lesser of SHIPPER's MDDQ at such Primary Delivery Point, the amount

scheduled for delivery at such Primary Delivery Point, or the thermally equivalent

quantity of gas to the gas tendered by SHIPPER at all Receipt Points less applicable LAUF

and GRO (or such lesser quantity as remains after making other primary firm deliveries);

however, in no event is COMPANY obligated to deliver in the aggregate an amount that

exceeds the total thermal equivalent of gas received for the Day less applicable LAUF and

GRO (with the exception of situations in which COMPANY has scheduled make up volumes to

correct imbalances). COMPANY is also obligated to deliver on a secondary firm basis to

any Delivery Point to or for the account of SHIPPER on any Day of transportation the

lesser of SHIPPER's TD, the volume of gas scheduled for delivery at such secondary point,

or a thermally equivalent quantity of gas to the quantity of gas tendered by or for the

account of SHIPPER at all Receipt Points less applicable LAUF and GRO (or such lesser

quantity as remains after making other secondary firm deliveries); however, in no event is

COMPANY obligated to deliver in the aggregate an amount that exceeds the total thermal

equivalent of gas received for the Day less applicable LAUF and GRO (with the exception of situations in which COMPANY has scheduled make up volumes to correct imbalances). SHIPPER'S right under this Rate Schedule to take gas at a