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. 76 Original Sheet No. 76

 

Before an ACQUIRING SHIPPER may execute an amended Service

Agreement with COMPANY to utilize released firm capacity,

the ACQUIRING SHIPPER must satisfy all of the COMPANY'S

requirements relating to the Rate Schedule under which the

capacity has been released. Once a bid on an Offer for a

Temporary Release of capacity under Section 20.3(b) or (c)

is determined to be the best bid, COMPANY will post on SoNet

Premier and email information to the ACQUIRING SHIPPER

reflecting the terms of the bid ("Capacity Release

Transaction"), and the ACQUIRING SHIPPER agrees that the

terms of the Capacity Release Transaction shall be binding

and no further execution thereof shall be required. After

the issuance of the Capacity Release Transaction by COMPANY,

the ACQUIRING SHIPPER shall become an existing SHIPPER with

separate firm contract quantities like any other SHIPPER and

is subject to the applicable provisions of COMPANY'S billing

and payment and operational provisions. Once the ACQUIRING

SHIPPER electronically executes its amended Service

Agreement resulting from a Permanent Release, the ACQUIRING

SHIPPER becomes an existing SHIPPER with separate firm

contract quantities like any other SHIPPER and is subject to

the applicable provisions of COMPANY'S FERC Gas Tariff,

including but not limited to COMPANY'S billing and payment

and operational provisions.

 

(b) RELEASING SHIPPER: The RELEASING SHIPPER shall remain fully

liable on its existing Service Agreement with the COMPANY

for the payment of all reservation charges for the contract

quantity which has not been released permanently, associated

surcharges, fixed charges, and direct bills owing to the

COMPANY each month under the existing Service Agreement, as

well as for services performed for or penalties incurred by

the RELEASING SHIPPER under its firm Service Agreement with

respect to any remaining capacity thereunder.

 

20.5 Billing and Payment:

 

An ACQUIRING SHIPPER shall be billed by the COMPANY and shall make

payments to the COMPANY in accordance with the terms of its

executed Service Agreement. On the RELEASING SHIPPER'S bill for a

month in which it released capacity hereunder on a temporary

basis, COMPANY shall credit all charges billed by COMPANY to the

ACQUIRING SHIPPER for the released capacity; provided, however,

that if the ACQUIRING SHIPPER fails to pay COMPANY for any part of

the amount credited to the RELEASING SHIPPER'S bill, COMPANY

reserves the right, after it exhausts any credit it has on file

for the ACQUIRING SHIPPER, to reverse the credit on the RELEASING

SHIPPER'S bill in a later month up to the unpaid amount plus

interest thereon.