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).