Elba Express Company, L.L.C.

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 64 Original Sheet No. 64

If the COMPANY further determines that it has insufficient transmission

capacity on the constrained part or parts of its transmission system to

serve all of the firm transportation services on that portion or portions

on any Day, the COMPANY shall allocate all of its reduced transmission

capacity pro rata based on MDDQ on that portion or portions of its system

among primary firm nominations on that portion or portions. If there is

any surplus capacity after such allocation, COMPANY shall allocate it among

nominations for secondary firm transportation services pro rata based on

the ratio of each nominating SHIPPER'S total Transportation Demand to the

total Transportation Demand of all SHIPPERS nominating secondary firm

transportation on the constrained portion or portions of the transmission

system.

(d) If the COMPANY does not have to limit its firm transportation services on a

Day, the COMPANY shall allocate the remaining transmission capacity on its

system to interruptible services, including Authorized Overrun Gas

nominated by SHIPPERS and ITS service. If the remaining transmission

capacity is insufficient to satisfy all of the nominations for

interruptible services, the interruptible SHIPPERS shall be served within

the remaining capacity of the COMPANY'S transmission system with capacity

allocations made in the following order of priority with limitations within

each priority implemented on a pro-rata basis on the basis of the

nominations confirmed for each service; provided, however, COMPANY shall

not be required to limit or allocate any interruptible service under any

interruptible rate schedule if COMPANY determines that such service does

not affect or otherwise cause the limitation of other interruptible

services:

(i) Interruptible service paying the maximum rate, including surcharges,

applicable to the service at the point or group of points being

allocated. For Negotiated Rate transactions in which SHIPPER is

paying a rate exceeding the maximum rate, SHIPPER shall be deemed to

be paying the maximum rate for purposes of this Section.

(ii) Interruptible service paying less than the maximum rate, including

surcharges, for service at the point or group of points being

allocated in the order of the highest total rate paid to the lowest

total rate paid. All interruptible services for which a customer is

paying less than the maximum rate at the time capacity allocation is

performed pursuant to this Section 16.2(d) shall be limited prior to

any interruptible service that is not being so discounted. Services

paying a lower rate will be limited prior to services paying a

higher rate.Discounted services paying an equal rate will be limited

on a pro rata basis based on confirmed nominations. If a SHIPPER

paying a rate, which is less than the maximum rate under its

interruptible Service Agreement, elects to pay the maximum rate

applicable to its interruptible service on any Day when

interruptible transportation capacity is being allocated less than

the interruptible demand, SHIPPER'S interruptible service will be

queued up with other maximum rate interruptible services. SHIPPER

must make such election by the nomination deadline for the Day

interruptible capacity is being limited or allocated.

(iii) Park and Loan Service as further set forth in Section 5.1 of Rate

Schedule PAL.