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. 93 Original Sheet No. 93

 

26.2 Discounts of Volumetric Charges or Surcharges

 

In the event COMPANY discounts the total rate applicable on a volumetric basis under

SHIPPER'S FTS or ITS Service Agreement, it will discount the components of such

total rate in the following order:

 

(1) Transportation Charge;

 

(2) EPCA Surcharge;

 

(3) ACA Surcharge.

 

27. NEGOTIATED RATE PROVISIONS

 

27.1

 

(a) Anything to the contrary in COMPANY's FERC Gas Tariff notwithstanding,

COMPANY and SHIPPER may negotiate a rate, rate methodology, or rate formula

for transportation service under any rate schedule (in each case,

"Negotiated Rate"). The Negotiated Rate shall be set forth on Exhibit F to

the applicable Service Agreement executed by COMPANY and SHIPPER. At the

commencement of transportation service pursuant to any Negotiated Rate or

prior to such commencement, COMPANY shall file with the Commission either

the contract or a tariff sheet setting forth the name of SHIPPER, the

negotiated rate, the type of service, the receipt and delivery points

applicable to the service, the volume of gas to be transported, and all

other relevant terms and conditions. Where the price term of the

negotiated rate agreement is a formula, COMPANY will fully set forth the

formula in the tariff sheet. If COMPANY elects to file a tariff sheet in

lieu of the negotiated rate agreement itself, COMPANY must certify that the

affected agreement does not materially deviate from the form of service

agreement set forth in this tariff. The maximum rate set forth in

COMPANY's rate schedules applicable to the service to which the Negotiated

Rate applies (Recourse Rate) shall be available to any SHIPPER that does

not have a Negotiated Rate agreement with COMPANY.

 

(b) A Negotiated Rate may be greater than or less than the maximum charges

stated in COMPANY's rate schedule for that service. For purposes of

allocation of capacity pursuant to Section 16 of the General Terms and

Conditions, SHIPPERS paying a Negotiated Rate are deemed to have paid the

maximum Recourse Rate. A SHIPPER paying a Negotiated Rate that desires to

exercise its right of first refusal to continue service beyond the

expiration date of its firm service agreement pursuant to Section 19 of the

General Terms and Conditions, can retain its service as specified in

Section 19.