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. 77 Original Sheet No. 77
COMPANY shall provide RELEASING SHIPPER with e-mail notification within a
reasonable time if COMPANY sends any of the following formal notices to ACQUIRING
SHIPPER:
(1) Notice regarding the ACQUIRING SHIPPER's past due, deficiency, or default
notice status pursuant to Section 15 hereof;
(2) Notice regarding ACQUIRING SHIPPER's suspension of service notice;
(3) Notice regarding ACQUIRING SHIPPER's contract termination notice due to
default or credit related issues; and
(4) Notice that the ACQUIRING SHIPPER is no longer creditworthy and has not
provided credit alternative(s) pursuant to Section 2.1(d) hereof.
If the ACQUIRING SHIPPER fails to pay its reservation charges pursuant to the
provisions of Section 15 of these General Terms and Conditions, the RELEASING
SHIPPER shall have the right to recall its capacity by notifying the ACQUIRING
SHIPPER and COMPANY of such recall pursuant to the provisions of Section
20.3(b)(iii) above. All credits to the RELEASING SHIPPER'S bill shall be final and
nonreversible upon COMPANY'S receipt of payment from the ACQUIRING SHIPPER.
The ACQUIRING SHIPPER shall be obligated to pay COMPANY the Reservation Charge
specified in the award, including all associated volumetric surcharges and fuel,
applicable to the volumes the COMPANY transports under the ACQUIRING SHIPPER'S firm
Service Agreement. COMPANY will retain the payments, including associated
volumetric surcharges and fuel it receives from ACQUIRING SHIPPER. If any of the
maximum recourse rates billed to and paid by the ACQUIRING SHIPPER under its
Service Agreement exceed the maximum recourse rate which the Commission determines
to be just and reasonable and COMPANY is ordered to make refunds, the ACQUIRING
SHIPPER shall, unless its Service Agreement provides for discounted or Negotiated
Rates, be eligible to receive refunds to the extent of any payments it made in
excess of the rates the Commission subsequently determined to be just and
reasonable. For releases that become effective on or after July 30, 2008, the rate
paid by the ACQUIRING SHIPPER in any capacity release transaction with a term or
one (1) year or less which is not subject to the maximum rate cap will be deemed to
be a final rate and is not subject to refund.
20.6 Offer and Bid Procedures:
(a) Offer/Bid Schedule: As per NAESB Standard 5.3.2, the minimum days and
times by which both offers and bids for releases of capacity must be
electronically transmitted to the COMPANY in accordance with the procedures
set forth in Section 20.6(c) and Section 20.6(f) below, as well as other
minimum deadlines required by COMPANY for successful completion of the
bid/offer cycle, are set forth in Appendix D to these General Terms and
Conditions.