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. 61 Original Sheet No. 61

 

(g) Surcharge; Negative Surcharge.

 

Every June 1, COMPANY shall file at FERC its Cashout True-up, to be

effective on SHIPPER's July invoice. To the extent the Net Cashout Balance

is a negative dollar amount on the system for the year, each SHIPPER who

had a Net Monthly Imbalance for any month during the preceding year will

have a charge added to its July invoice equal to its pro rata portion of

such negative Net Cashout Balance, which will be calculated by dividing the

sum of the absolute value in Dth of each of that SHIPPER's Net Monthly

Imbalances cashed out in each month for the preceding year by the sum of

the absolute value in Dth of each of the Net Monthly Imbalances for all

shippers' Net Monthly Imbalances that are cashed out for the preceding year

and multiplying the resulting fraction by COMPANY's Net Cashout Balance for

the preceding year. To the extent the Net Cashout Balance is a positive

dollar amount for the year, each SHIPPER who had a Net Monthly Imbalance

for any month during the preceding year will have credited to their July

invoice an amount equal to its pro rata portion of such positive Net

Cashout Balance, which will be calculated by dividing the sum of the

absolute value in Dth of each of that SHIPPER's Net Monthly Imbalances

cashed out in each month of the preceding year by the sum of the absolute

value in Dth of each of the Net Monthly Imbalances for all shippers' Net

Monthly Imbalances that are cashed out for the preceding year and

multiplying the resulting fraction by COMPANY's Net Cashout Balance for the

preceding year.

 

15. BILLING AND PAYMENT

 

15.1 Billing:

 

On or before the 9th Business Day of each calendar month, COMPANY shall render to

SHIPPER an imbalance statement of the daily volumes and the Btu content of the gas

received for the account of SHIPPER for transportation, the daily volumes and the

Btu content of the gas delivered to or for the account of SHIPPER, and an invoice

for transportation services provided in the preceding month. Rendered is defined

as, time-stamped, and delivered to the site designated by COMPANY on SoNet Premier

or delivered to SHIPPER by the U.S. Postal Service, a nationally reputable courier

service, or electronically through email. COMPANY shall provide to SHIPPER notice

electronically when SHIPPER's invoice is available on SoNet Premier. The invoice

will be deemed rendered once the COMPANY sends such notice of invoice availability.

For those SHIPPERS who elect to trade imbalances, COMPANY may furnish separate

imbalance invoices after the trading period. COMPANY may also furnish separate

invoices for penalty charges accrued by SHIPPER pursuant to the terms of COMPANY'S

FERC Gas Tariff. Prior to rendering an invoice to SHIPPER, COMPANY shall offset

the bill by all amounts owed by COMPANY to the SHIPPER for that month; provided,

however, that this offset shall not affect disputed amounts.