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. 60 Original Sheet No. 60
Both SHIPPERS that agree to trade all or part of their
Net Monthly Imbalances must notify COMPANY'S Customer
Services Department in writing, by e-mail or
electronically via SoNet Premier on the form provided
by COMPANY by 5:00 p.m. Central Time on the last day
of the Trading Period ("Imbalance Trade
Confirmation"). Each Imbalance Trade Confirmation
shall include the name of the SHIPPER sending the
notice, the name of the other SHIPPER agreeing to the
trade, the volume (in Dth's) of the SHIPPER'S Net
Monthly Imbalance that is to be traded, certification
that SHIPPER has taken all steps necessary to effect
the trade with the other party, and, if applicable,
confirmation of creditworthiness. Each SHIPPER to the
trade agrees to indemnify and hold COMPANY harmless
from and against any claims that either SHIPPER may
have against the other arising out of or as a result
of the trade, unless the claims arise out of COMPANY'S
own negligence, gross negligence, or intentional
misconduct. Upon receipt of the Imbalance Trade
Confirmation, COMPANY shall send to each Shipper a
notice of receipt ("Imbalance Trade Notification") no
later than 12:00 noon CCT of the next Business Day.
Imbalance trades are considered final when confirmed by
the confirming SHIPPER and effectuated by COMPANY.
(ii) COMPANY shall not calculate SHIPPER'S Net Imbalance
Percentage under Section 14(a) above for a month until
all trades for such month are completed pursuant to
this Section 14(e).
If there is a prior period adjustment to the quantities of
gas booked under SHIPPER'S Service Agreements due to
metering errors or other errors attributable to COMPANY'S
responsibilities under its Tariff, the quantity of such
adjustment shall be cashed out at 100% of the Index Price
for the month in which the error occurred or the month in
which the error was discovered, whichever is to SHIPPER'S
benefit.
(f) Disposition of Net Cashout Balance: On an annual basis for
the period commencing on the in-service date and ending
twelve months thereafter ("Annual Cashout Period"), COMPANY
shall determine its Net Cashout Balance. The "Net Cashout
Balance" shall be the sum of the dollar amounts associated
with all the Net Monthly Imbalances cashed out during the
Annual Cashout Period as well as the dollar amounts from
COMPANY's purchases and sales of gas during the Annual
Cashout Period as may be necessary to maintain an
appropriate level of gas line-pack for system management
purposes. In determining the Net Cashout Balance, dollars
received by COMPANY will be positive amounts in the
calculation and dollars paid by COMPANY will be negative
amounts.