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

Section 13.

 

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.