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. 16 Original Sheet No. 16

 

COMPANY shall make the quantity of gas loaned under the PAL Agreement

available at the PT for a time period up to the maximum term as specified

in the executed PAL Agreement. Loaned quantities shall be returned to

COMPANY at the PT where SHIPPER received gas, subject to the nomination

procedures set forth in Section 4 of this Rate Schedule.

 

(iii) The combination of (i) and (ii) above may occur under the same PAL

Agreement.

 

2.2 The parking and loaning of natural gas under this Rate Schedule shall be on an

interruptible basis and shall be scheduled when and to the extent that COMPANY

determines, using its reasonable discretion, that capacity is available on its

existing facilities and that it has the operational flexibility to provide the

service without detriment or disadvantage to COMPANY's firm or interruptible

transportation services.

 

2.3 Service under this Rate Schedule will be made available on a first come, first

served basis, to any SHIPPER willing and able to pay maximum rates or such other

rate mutually agreed upon by COMPANY and SHIPPER, subject to all applicable

provisions of the General Terms and Conditions of COMPANY's Tariff. COMPANY shall

be under no obligation to provide service under this Rate Schedule at less than

the maximum rate.

 

2.4 COMPANY shall not be required to provide service under this Rate Schedule that

would require COMPANY to install, operate or maintain any additional facilities.

 

3. QUALIFICATIONS FOR SERVICE

 

In addition to the information provided in the PAL Agreement, SHIPPER also shall provide

the following information to COMPANY with its initial request for service:

 

(i) Certification-Certification from SHIPPER that:

 

(a) SHIPPER will warrant for itself, its successors and assigns, that it

will at the time of delivery to COMPANY have title to all gas free

and clear of all liens, encumbrances, and claims whatsoever. SHIPPER

shall indemnify COMPANY and hold it harmless from all suits, actions,

debts, accounts, damages, costs, losses, and expenses arising from or

out of adverse claims of any or all persons or parties to said gas,

including claims for royalties, taxes, license fees or charges

applicable to such gas or to the delivery thereof to COMPANY under

this Rate Schedule; and

(b) It has entered into all necessary arrangements to assure that

upstream and downstream transportation, if any, will be in place

prior to the commencement of service on COMPANY's system.

 

(ii) Credit Information-SHIPPER shall furnish credit information as prescribed in

Section 2.1(a)(ix) of the General Terms and Conditions.