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. 18 Original Sheet No. 18

 

5.2 SHIPPER may be required, upon notification from COMPANY, to suspend or reduce

deliveries for the agreed upon Park Service, or receipts for the agreed upon Loan

Service. Further, SHIPPER may be required, upon notification from COMPANY, to

remove quantities of gas previously provided to COMPANY under the Park Service, or

return quantities of gas previously loaned to SHIPPER under the Loan Service. Such

notification shall be made pursuant to the provisions of Section 18.3 of the

General Terms and Conditions to this Tariff.

 

5.3 Should COMPANY notify SHIPPER to remove or return quantities of gas pursuant to

Section 5.2 above, COMPANY's notification shall specify the time frame within

which Park Service quantities shall be removed, and/or Loan Service quantities

shall be returned. Such notifications shall be consistent with COMPANY's operating

conditions, but in no event shall the specified time frame be less than three (3)

calendar days from the date of COMPANY's notification unless COMPANY and SHIPPER

mutually agree to a different time frame.

 

5.4 In the event SHIPPER makes a timely nomination in response to a notification by

COMPANY pursuant to Section 5.3 above, the obligation of SHIPPER to comply with

that notification shall be suspended until such time as COMPANY's operational

conditions allow COMPANY to schedule the nomination.

 

6. RATES AND CHARGES

 

6.1 The daily unit rate for service under this Rate Schedule is shown on the effective

PAL Rate Sheet of Volume No. 1 of this Tariff. This rate shall be applied to the

daily balance in SHIPPER's PAL account for each separate transaction for each day

service is tendered by COMPANY. The monthly charges for PAL services shall be the

product of the quantities of gas in SHIPPER's PAL account for each separate

transaction and the maximum or mutually agreed upon rate for the applicable day(s)

service is provided by COMPANY. Charges shall commence on the first day of the

agreed upon transaction and continue until SHIPPER's account balance reaches zero

or until the last day of the agreed upon term as set forth in the executed PAL

Agreement.

 

6.2 The rates which are stated on the currently effective PAL Rate Sheet 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, offers to discount its rates

to SHIPPER under this Rate Schedule, or unless the parties have agreed to a

Negotiated Rate as provided below. Any discount agreed to by COMPANY and the

effective period thereof shall be stated on an executed Exhibit A to the Service

Agreement, and shall be made on a not unduly discriminatory basis. Any discount

granted hereunder shall only be applicable for the period agreed upon by COMPANY.

At the end of such period, the otherwise maximum rates or charges shall govern the

service provided to SHIPPER hereunder. Any discount 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 PAL Rate Sheet.