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.