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. 30 Original Sheet No. 30

 

(vi) To the extent COMPANY has available unsubscribed capacity,

COMPANY shall have the right, but not the obligation, to

reserve that capacity for any expansion projects when it

becomes available, provided that the open season for the

expansion is announced by the later of one (1) year from the

date COMPANY posts such capacity as being reserved or one

(1) year from the date such reserved capacity actually

becomes available for use. COMPANY will post on SoNet

Premier its intention to reserve any capacity for an

expansion; and once it posts its intention to reserve such

capacity COMPANY shall not award such capacity independent

from such expansion unless it posts a notice on SoNet

Premier rescinding its decision to reserve the capacity.

COMPANY may, however, market any capacity reserved under

this subsection or capacity awarded under Section 2.1(b)(v)

on an interim basis for the period prior to the in-service

date of the expansion or the start date of the service

agreement awarded under Section 2.1(b)(v). For such

interim-term agreements, COMPANY reserves the right to limit

Shipper's extension rights under its service agreement with

COMPANY or ROFR rights under Article 20 to these General

Terms and Conditions up to the proposed in-service date of

the expansion project or start date of the service

agreement. COMPANY will indicate in any open season posting

for the interim capacity any limitations on ROFR or

extension rights that will apply to such interim service

agreement(s).

 

(vii) Notwithstanding the net present value determination, COMPANY

reserves the right to decline requests for service (i) that

offer less than the maximum rate; (ii) that may

detrimentally impact the operational integrity of COMPANY's

system; (iii) that do not satisfy all the terms of a

specific open season; (iv) for which the requestor does not

demonstrate creditworthiness; (v) that contain terms and

conditions other than those set forth in the Tariff; or (vi)

that contain contingencies that cannot or are unlikely to

be, in COMPANY's estimation, removed within a time frame

acceptable to COMPANY.

 

(c) Within five (5) Business Days, or a mutually agreed-upon time,

after accepting the request as provided above subject to the

provisions of Sections 2.1(a), 2.1(b), and 2.1(d) of this section,

COMPANY shall prepare and tender to SHIPPER for execution a

Service Agreement under the applicable transportation Rate

Schedule. If SHIPPER fails to execute and return to COMPANY the

Service Agreement within ten (10) Business Days of the date

received by SHIPPER, then COMPANY may deem the request for service

null and void, and the available capacity may then be reallocated

according to Section 2.1(b)(iv) above.