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. 47 Original Sheet No. 47

 

(d) Out of Cycle Nominations: COMPANY will use all reasonable

efforts to accommodate requests for changes to nominations

received after any nomination cycle deadline as identified

in Section 12.1(c) or 12.2(b) above provided that (i)

requests are received prior to the end of the applicable gas

day; (ii) confirmation of the receipt and delivery

quantities is obtained from the affected point operators;

(iii) it is operationally feasible to accommodate the

requested change; and (iv) other SHIPPERS' entitlements are

not impacted. SHIPPER will be required to submit a

nomination that reflects the approved change(s) on the next

available scheduling cycle. If the request is made for the

last gas day of the month, COMPANY will adjust the SHIPPER's

scheduled quantity to reflect the approved change(s). This

service is to be provided on a non-discriminatory basis.

 

(e) Late Nominations: On any Day that COMPANY determines that

it can extend the nomination deadline pursuant to the waiver

provisions of Section 12.1(a) above without adversely

affecting the processing of timely nominations, all

nominations received prior to the extended deadline shall be

processed at the same time. For any late nominations not

accepted by COMPANY, COMPANY shall determine the applicable

nomination processing cycle based upon the receipt time and

beginning effective date of the nomination.

 

(f) Adjustment for Btu factor: Solely for purposes of

establishing the maximum quantities of gas SHIPPER may

nominate for transportation under a firm transportation

Service Agreement, SHIPPER'S Transportation Demand and

corresponding MDRQ at each firm Primary Receipt Point and

MDDQ at each firm Primary Delivery Point shall be adjusted

for changes in the thermal content ("Btu Factor"). COMPANY

shall adjust and post the Btu Factor by Receipt Point at

least 4.5 hours before the deadline for the first timely

nomination cycle for each Day based on the average of the

Btu Factor received at that Receipt Point the previous Day.

 

(g) Make-up Nominations: When making its nomination, Shipper

shall specify by Service Agreement which portion of the

quantities to be transported by COMPANY is attributable to

current transportation and which portion of the quantities

is attributable to make-up within the month of an estimated

imbalance (either positive or negative). As between

quantities of gas received or delivered by COMPANY for

current transportation and gas received or delivered by

COMPANY as make-up of estimated imbalances, the gas received

or delivered as current transportation gas shall be deemed

to be received or delivered prior to any make-up gas, and

the gas received or delivered by COMPANY for current

transportation shall be scheduled prior to any make-up gas

nominated by SHIPPER.