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. 17 Original Sheet No. 17
4. NOMINATIONS AND SCHEDULING
4.1 SHIPPER shall nominate PAL services under this Rate Schedule in accordance with
the nomination deadlines set forth in Section 12.1(c) of the General Terms and
Conditions of this tariff. SHIPPER shall nominate the agreed upon park or loan
quantities at the PT. Such nominated quantities shall be subject to confirmation
by COMPANY. The confirmed quantity shall be deemed the scheduled quantity
provided that SHIPPER's corresponding gas supply or transportation service is
scheduled.
4.2 The park or loan quantity of gas nominated on a daily basis shall equal the agreed
upon daily quantity of gas stated in the PAL Agreement unless otherwise mutually
agreed upon by both COMPANY and SHIPPER. COMPANY shall not schedule any overrun
quantities under the PAL Agreement which encroach upon any services provided to
other shippers. COMPANY may terminate the PAL Agreement if shipper nominates
quantities other than either the daily or total quantity in the PAL Agreement or
the mutually agreed upon quantity. COMPANY may decrease SHIPPER'S nominations to
the extent SHIPPER consistently over nominates quantities that COMPANY has
scheduled and SHIPPER fails to deliver to COMPANY.
4.3 PAL services will be provided on an interruptible basis. Interruption of PAL
services may include decreasing, temporarily suspending, or discontinuing the
receipt or delivery of gas if COMPANY in its reasonable discretion determines that
such decrease, suspension or discontinuance is necessary to maintain system
integrity or when a higher priority service so requires.
4.4 If, on any day, SHIPPER nominates quantities of gas to be withdrawn from or
deposited into its PAL account, but COMPANY is unable to confirm and schedule any
of the quantities nominated, COMPANY shall suspend the Park and/or Loan Service
rate charges for that quantity not scheduled until COMPANY is able to schedule the
quantity nominated. Additionally, COMPANY and SHIPPER may mutually agree to
extend the agreed upon term, in the event it is operationally feasible, if
SHIPPER's account balance is not zero on the last day of the agreed upon term as
set forth in the executed PAL Agreement in order to reach a zero balance.
5. NOTIFICATIONS, ALLOCATIONS AND LIMITATIONS
5.1 For purposes of restricting PAL services, COMPANY will give priority to PAL
Agreements with the highest average rate on a per unit basis to COMPANY. Such unit
rate shall be calculated by taking the total revenue generated during the term of
the PAL Agreement and dividing by the total park and loan quantity to arrive at
the average rate on a per unit basis. For purposes of calculating the average unit
rate, SHIPPERS willing to pay more than the maximum rate listed on the PAL Rate
Sheet of this tariff will be considered to be paying the maximum tariff rate.
Service will be allocated or limited on a pro rata basis among SHIPPERS with the
same average unit rate for PAL services.