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. 57 Original Sheet No. 57
If SHIPPER has elected to be allocated the variances in deliveries
at specified Delivery Points under the Swing PDA, then such
SHIPPER'S Estimated Monthly Imbalance Percentage shall be
determined by dividing its Estimated Monthly Imbalance by the sum
of (i) the lesser of the quantity of gas deemed to be received or
delivered under all of the SHIPPER'S agreements during the month,
and (ii) the quantity of gas deemed to be delivered under third-
party SHIPPERS' transportation agreements at the Delivery Points
where SHIPPER has elected to be allocated the variances in
deliveries during the month.
(b) (i) Subject to the provisions of subsection (e) below, if
SHIPPER has accrued a Net Monthly Imbalance such that the total
quantities of gas received by COMPANY for SHIPPER'S account during
the month are less than the total quantities of gas delivered by
COMPANY for SHIPPER'S account during the month ("Negative
Imbalance") and such Net Monthly Imbalance is greater than 5,000
Dth, SHIPPER shall pay COMPANY for SHIPPER'S Net Monthly Imbalance
at the following prices specified for each stated percentage that
SHIPPER'S deliveries exceed its receipts; provided, however, that
the cashout price applicable to SHIPPER'S Net Monthly Imbalance
shall be the price resulting from the lower of (i) SHIPPER'S
Estimated Imbalance Percentage for the month or (ii) SHIPPER'S
actual imbalance percentage for the month as defined in Section
14(a).
Percentage of Excess
Deliveries Price
0 to 5% 100% of High Price
>5 to 10% 115% of High Price
>10 to 15% 125% of High Price
>15 to 20% 140% of High Price
>20% 150% of High Price
If the System Negative Imbalance (N) exceeds the System Positive
Imbalance (P) ("Majority Imbalance"), then the cashout price shall
be the High Price or a percentage of the High Price as set forth
above. If P>N ("Minority Imbalance") then the cashout price shall
be the Index Price.
For purposes of determining the tier at which a Majority Imbalance
will be cashed out, the price will apply only to quantities within
a tier. For example, if there is a 6% imbalance, quantities that
comprise the first 5% of the imbalance are priced at 100% of the
High Price and quantities comprising the remaining 1% of the
imbalance are priced at 115% of the High Price.
(ii) Subject to the provisions of subsection (e) below, if
SHIPPER'S Net Monthly Imbalance is a Negative Imbalance and less
than or equal to 5,000 Dth, SHIPPER shall pay COMPANY for
SHIPPER'S Net Monthly Imbalance at the Index Price.