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. 73 Original Sheet No. 73

 

The RELEASING SHIPPER should provide in its

notification to COMPANY the quantity in terms of

adjusted total released capacity entitlements based

upon the Elapsed Prorata Capacity (EPC). The EPC shall

mean that portion of the capacity that would have

theoretically been available for use prior to the

effective time of the intraday recall based upon a

cumulative hourly use of the capacity. In the event of

an intra-day capacity recall, COMPANY should determine

the allocation capacity between the RELEASING SHIPPER

and the ACQUIRING SHIPPER(s) based upon the EPC.

COMPANY is not obligated to deliver in excess of the

total daily Transportation Demand of the release. The

amount of capacity allocated to the ACQUIRING

SHIPPER(s) should equal the original released capacity

less the recalled capacity that is adjusted based upon

the EPC.

 

The COMPANY has the right to rely on a RELEASING

SHIPPER'S notice and a RELEASING SHIPPER shall defend

and indemnify the COMPANY against any claims, losses,

liabilities or expenses resulting from claims by the

ACQUIRING SHIPPER that it was not notified or that

firm capacity was not recalled in accordance with the

recall rights specified by the RELEASING SHIPPER in

its Offer.

 

If time remains in the term for which the firm

capacity was temporarily released, the capacity shall

revert back to the last ACQUIRING SHIPPER upon notice

given by the RELEASING SHIPPER in the same manner and

time as set forth above for exercising a recall of FTS

capacity prior to the contract day on which the

capacity is to again be released. If following the

recall, no time remains in the term for which the

capacity was temporarily released, the capacity rights

shall remain with the RELEASING SHIPPER for either its

continued utilization or for release again pursuant to

this Section 20. When capacity is recalled, it may not

be reput for the same Gas Day. The deadline for

notifying Company of a reput is 8:00 a.m. on the Day

that nominations are due for the Daily Nomination

Cycle set forth above in Section 12.1(c).