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. 45 Original Sheet No. 45

 

11. INSTALLATION OF FLOW CONTROL EQUIPMENT

 

COMPANY shall construct, install, and operate electronic flow

measurement and flow control equipment at each Receipt Point and

Delivery Point, unless COMPANY determines in its reasonable judgment,

for points with meter station capacity of 5,000 Dth/d or less, that the

absence of such equipment is consistent with general industry practice

and will have no material effect on the safe, reliable, efficient, and

orderly operation of COMPANY'S pipeline system or COMPANY's ability to

provide service. The cost of such equipment shall be recovered by

COMPANY from Point Operators or SHIPPER according to Section 28 of these

General Terms and Conditions.

 

12. NOMINATIONS

 

12.1 Nomination Procedures:

 

(a) General: SHIPPER, or its agent designated in an executed

Agency Agreement, shall nominate gas for transportation

under its service agreements by notifying COMPANY, pursuant

to the provisions of this Section 12, of the daily quantity

of gas expressed in Dth it has available for transportation

at each Receipt Point and of the quantity of gas it desires

to have delivered at each Delivery Point.

 

SHIPPER shall also specify the first date that the

nomination is to be effective ("begin date") and the last

date that the nomination is to be effective ("end date").

Shippers may nominate for several days, months or years

provided the beginning and end dates are within the term of

SHIPPER'S Service Agreement with COMPANY. All nominations,

excluding intraday nominations, shall have roll-over

options. Unless SHIPPER wishes to change its nomination,

SHIPPER shall not be required to resubmit its nomination

during the begin and end dates; provided, that adjustments

in the Btu Factor pursuant to Section 12.1(f) below may

require that SHIPPER revise a standing nomination, and if

SHIPPER fails to revise its nomination prior to the

applicable deadline, COMPANY shall not be obligated to

schedule more than the lesser of (i) the last

nomination prior to the change in Btu Factor and (ii)

SHIPPER's TD multiplied by the Btu Factor.

 

Subject to the obligation to provide Authorized Overrun if

available, COMPANY shall not be obligated to accept

quantities in excess of the MDRQ at each Primary Receipt

Point on a primary firm basis or to deliver quantities in

excess of the MDDQ at each Primary Delivery Point on a

primary firm basis; provided, however, SHIPPER shall be

entitled to nominate at each Primary Receipt Point a

quantity sufficient to cover the fuel charge associated with

the applicable transportation service, on a primary firm

basis. When processing nominations, COMPANY shall apply a

standard fuel calculation of (1 - fuel%/100) multiplied by

receipt quantity = delivery quantity. This calculation shall

be rounded to the nearest Dth.