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. 75 Original Sheet No. 75

 

The timetables set forth in Appendix D hereto shall not apply to the non-

posted releases set forth above, except for those releases of 31 days or

less which the RELEASING SHIPPER elects to post for competitive bidding.

Under any type of non-posted release, the RELEASING SHIPPER AND ACQUIRING

SHIPPER shall notify COMPANY electronically on SoNet Premier of the terms

of the release at least 1 hour prior to the applicable nomination deadline

in which the release will go into effect so that the ACQUIRING SHIPPER may

have the ability to nominate on the next available nomination cycle. In

the event the ACQUIRING SHIPPER'S first nomination opportunity on the

release is on an intraday cycle, the maximum quantity of gas ACQUIRING

SHIPPER may nominate shall be prorated based on the number of hours

remaining in the Day at the effective time of the nomination cycle.

However, the offer and bid for a prearranged release of capacity on a

permanent basis shall be entered into SoNet Premier by 5:00 p.m. two (2)

Business Days prior to the nomination deadline for the effective date of

the release. The ACQUIRING SHIPPER must also be prequalified pursuant to

the requirements of Section 20.6(e) below. COMPANY shall post on SoNet

Premier the terms of a prearranged release entered into under this Section

20.3(c) as soon as possible, but no later than forty-eight (48) hours after

the effective date of such released transaction.

 

(d) For purposes of bidding and awarding, any maximum and/or minimum rates

specified by the RELEASING SHIPPER shall include the tariff reservation

rate and all demand charges, specified as a total number or as stated

separately. For temporary releases that become effective on or after July

30, 2008, the maximum and/or minimum rates specified by the RELEASING

SHIPPER may exceed the maximum tariff rate for the applicable service if

the term of the proposed release is one (1) year or less. For purposes of

applying any rate cap applicable to temporary capacity releases with terms

of more than one year, the maximum rate shall be the maximum rate set forth

in the applicable Rate Schedule.

 

20.4 RELEASING SHIPPER'S and ACQUIRING SHIPPER'S Obligations:

 

(a) ACQUIRING SHIPPER: To bid on capacity offered under one of the types of

Temporary Releases set forth in Section 20.3(b) or (c) above, the bidder

must be pre-approved for credit and have an executed Firm Transportation

Service Agreement (sometimes referred to herein as "Service Agreement"), as

more particularly set forth in Section 20.6(e) below. To bid on capacity

for a Permanent Release under Section 20.3(a) above, the bidder must be

pre-approved for credit and have submitted an executed Transportation

Request Form, as more particularly set forth in Section 20.6(e) below. Any

bid submitted and not withdrawn by the end of the bid period will legally

bind the bidder to the terms of the bid if COMPANY chooses such bid as the

"best bid" under Section 20.6(h) below. Once a bid on an Offer for a

Permanent Release of capacity under Section 22.3(a) is accepted, the

ACQUIRING SHIPPER shall execute an amendment to its Service Agreement with

the COMPANY to utilize the capacity under the terms set forth in the

accepted bid and the terms and conditions of the COMPANY'S FERC Gas Tariff

applicable to the capacity released.