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. 55 Original Sheet No. 55
(iii) the point of interconnection is equipped with
electronic measurement equipment and remote flow
control under control of COMPANY; and
(iv) COMPANY and Point Operator enter into an OBA in the
form set forth in this tariff, or such other form as
the parties mutually agree to in a nondiscriminatory
manner, which shall provide, among other things, for
the allocation of scheduled nominations at the point
of interconnect with any daily variance between
scheduled nominations and metered flow at such point
to be resolved by COMPANY and the Point Operator under
the terms of the OBA.
(b) COMPANY shall maintain on SoNet Premier a list of all points
of interconnection at which an OBA is in effect.
13.4 Application of NAESB Standards' Timelines
The NAESB timelines applicable to standard NAESB predetermined
allocation (PDA) methods shall also apply to any additional PDA
methods offered by COMPANY pursuant to the provisions of this
13.5 Time Limit on Disputes of Allocations:
If SHIPPER disputes any of the allocations of gas made to its
agreements with COMPANY under this Section 13, SHIPPER must notify
COMPANY of such dispute, with supporting documentation, no later
than 6 months following the month of service being disputed.
COMPANY shall have 3 months within which to resolve or rebut the
dispute. These time limits do not apply in the case of deliberate
omission or misrepresentation or mutual mistake of fact. The
parties' other statutory or contractual rights shall not be
diminished by this provision.
13.6 Any quantities received into COMPANY'S system at a Receipt Point
or delivered from COMPANY'S system at a Delivery Point on a Day
when there is no scheduled nomination in effect at the point
("Unscheduled Quantities") shall be allocated to the Point
Operator, whether an OBA Point Operator or otherwise, of the
facilities at the applicable point. Any Unscheduled Quantities
allocated pursuant to this provision shall be treated in the same
manner and have all corresponding obligations as scheduled gas for
all purposes under this Tariff, including, but not limited to,
assessing transportation charges, surcharges, and penalties.
13.7 For purposes of determining the Transportation Charge applicable
to each Dth of gas delivered for SHIPPER'S account under its
Service Agreements as determined in Section 13.2(d)(i) above,
COMPANY shall match SHIPPER'S receipts to SHIPPER'S deliveries in
the following manner by category. Receipts shall first be matched
to deliveries allocated to SHIPPER'S FTS Service Agreement.
Receipts shall then be matched to ITS services.