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. 95 Original Sheet No. 95
28. FACILITIES
28.1 The following provision shall apply to requests for installation of new facilities
unless otherwise provided in the Tariff.
28.2 In order for COMPANY to receive, measure, transport, and/or deliver the gas to be
transported under this Rate Schedule, it may become necessary for COMPANY to
install facilities or to modify existing facilities at or near a Receipt Point or
Delivery Point ("Interconnection Facilities"). Should SHIPPER or Point Operator
request the installation or modification of said facilities and agree to reimburse
COMPANY for the entire cost to COMPANY thereof, COMPANY shall agree to construct
and install, or cause to be constructed and installed, or will modify, or cause to
be modified, Interconnection Facilities; provided that, (i) the proposed
Interconnection Facilities do not adversely affect COMPANY's operations; (ii) the
proposed Interconnection Facilities and the associated transportation service to
or from the interconnection do not diminish service to any of COMPANY's shippers;
(iii) the proposed Interconnection Facilities do not cause COMPANY to violate or
be in violation of any applicable environmental or safety laws, permits or
regulations; (iv) the proposed Interconnection Facilities do not conflict with or
cause COMPANY to be in violation of its rights-of-way agreements or any other
contractual obligation, and/or (v) the Point Operator requesting the
Interconnection Facilities agrees to receive and deliver natural gas that conforms
with Section 3.1 above through the interconnect. In the event SHIPPER does not
agree to pay the costs of installing or modifying the Interconnection Facilities,
COMPANY will construct or modify such facilities on a nondiscriminatory basis for
similarly situated SHIPPERS if the construction or modification of such
Interconnection Facilities is economically feasible and the conditions listed
above in (i) - (iv) are met. Construction or modification is economically
feasible if the proposed transportation service to be provided through the
Interconnection Facilities produces a net revenue gain. The net revenue gain
requirement will be met if (a) the total revenues generated over the term of
SHIPPER's Service Agreement for the service provided through the new facilities
exceed the cost of service of said facilities for the greater of (i) ten years or
(ii) the term of SHIPPER's Service Agreement for the service provided through the
new facilities and the SHIPPER extends the terms of its existing Service
Agreement(s) with COMPANY for a period commensurate with that of its new Service
Agreement; provided however, that (1) SHIPPER does not have to extend the
remaining term of an existing Service Agreement if said term already exceeds the
term of its new Service Agreement, and (2) if the net revenue gain requirement is
met over a period less than the term of the new Service Agreement, SHIPPER need
extend the term of its existing Service Agreement(s) only for a term commensurate
with that shorter period; or (b) COMPANY determines that the construction of the
facilities will avoid a significant reduction in revenue when comparing the cost
of the construction to the projected amount of revenue which would be lost as a
result of a SHIPPER's exercising a right to reduce its firm transportation
quantity or as a result of a SHIPPER's failing to extend or renew its existing
Service Agreement(s).