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4.4 If, on any day, SHIPPER nominates quantities of gas to be withdrawn from or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.