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. 13 Original Sheet No. 13

 

(b) The rates which are stated on the currently effective rate sheet

for Rate Schedule ITS 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, agrees to discount its rates to SHIPPER under this Rate

Schedule, or unless the parties have agreed to a Negotiated Rate

under Section 27 of the General Terms and Conditions. Any

discount or Negotiated Rate agreed to by COMPANY and the effective

period thereof 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 Interruptible Transportation Services.

 

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

COMPANY the following charges and such other charges 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 of the General Terms and Conditions

of COMPANY'S FERC Gas Tariff, as such charge may be changed

from time to time.

 

(ii) Fuel charge: A percentage of the quantity of gas received

by COMPANY at the Receipt Point(s) as gas which shall be

deemed GRO and LAUF. 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 ITS service.

 

(iii) Electric Power Charge: An electric power surcharge based on

the quantity of gas delivered as set forth on the currently

effective rate sheet for Rate Schedule ITS.

 

(iv) 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.