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. 37 Original Sheet No. 37

 

5.5 Prior Period Adjustments:

 

The deadline for closing measurement data shall be no later than 5

Business Days after the month of flow. Any measurement data or

corrections received by COMPANY (including corrections to

allocations) after it has closed the previous month of flow shall

be handled as a prior period adjustment. COMPANY shall process

late measurement data or corrections of measurement errors under

Section 5.3 as soon as practicable but no later than 6 months

after the applicable month of flow in question. The correction

shall be made to the month of flow for allocation and billing

purposes. If SHIPPER disputes the measurement adjustment, it will

have 3 months after the prior period adjustment is made to rebut

the adjustment. Excluding government required rate changes and as

otherwise provided herein, no prior period adjustments of any kind

shall be made by COMPANY after 6 months following the invoiced

month for transportation. These deadlines do not apply in the

case of deliberate omission or misrepresentation or mutual mistake

of fact. The parties' statutory or other contractual rights shall

not be diminished by this provision.

 

6. RECEIPT AND DELIVERY POINTS

 

6.1 Receipt Point:

 

Each Receipt Point available for transportation service under this

Tariff, shall be at the inlet side of COMPANY'S measurement

facilities, or such other point as may be mutually agreed upon

between COMPANY and SHIPPER. On Exhibit A to the Service

Agreement under Rate Schedule FTS, COMPANY and SHIPPER shall

specify the Maximum Daily Receipt Quantity of gas to be received

for transportation at the Primary Receipt Point(s). For service

performed under the FTS Rate Schedule, the sum of the Maximum

Daily Receipt Quantities specified on the Exhibit A to the Service

Agreement shall not exceed the Transportation Demand specified in

the Service Agreement. For service performed under the ITS Rate

Schedule, all Receipt Points on COMPANY'S system are available for

SHIPPER'S interruptible transportation service.

 

6.2 Delivery Point:

 

The location of the Primary Delivery Point(s) shall be specified

on Exhibit B to the Rate Schedule FTS Service Agreement between

COMPANY and SHIPPER. At each measurement station the transfer of

the possession and custody of the gas shall occur at the outlet

side of COMPANY'S measurement facilities, or such other point as

may be mutually agreed upon between COMPANY and SHIPPER. For each

Primary Delivery Point, COMPANY and SHIPPER shall specify on

Exhibit B the Maximum Daily Delivery Quantity at the Point. For

service performed under Rate Schedule FTS, the sum of the Maximum

Daily Delivery Quantities specified on Exhibit B to the Service

Agreement shall equal the Transportation Demand specified in the

Service Agreement. For service performed under the ITS Rate

Schedule, all Delivery Points on COMPANY'S system are available

for SHIPPER'S interruptible transportation service.