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. 101 Original Sheet No. 101

 

(c) All gas taken by a SHIPPER after receipt of a Level 1 OFO notice, to the extent that

the volume of gas exceeds by both:

 

(i) 190 dth/day and

 

(ii) 105 percent of either:

 

(A) its Daily Entitlement, as established either by an allocation order

or orders given by the COMPANY pursuant to Section 16.2 above and/or

through COMPANY'S confirmation of SHIPPER'S nominations in accordance

with the provisions of Section 12 of these General Terms and

Conditions, or

 

(B) the quantity of gas allocated for delivery to SHIPPER at a specific

Delivery Point pursuant to such procedures,

 

shall be deemed to be "Unauthorized Overrun Gas", and COMPANY shall bill and

SHIPPER shall pay for such Unauthorized Overrun Gas, in addition to the

applicable transportation charge, a penalty of $10.00 per Dth payable by

SHIPPER pursuant to Section 15 upon invoice from COMPANY.

 

 

(d) All gas taken by a SHIPPER after receipt of a Level 2 OFO notice, to the extent that

the quantity of gas exceeds by both 75 dth/day and 102 percent either:

 

 

(i) its Daily Entitlement, as established either by an allocation order or orders

given by the COMPANY pursuant to Section 16.2 above and/or through COMPANY'S

confirmation of SHIPPER'S nominations in accordance with the provisions of

Section 12 of these General Terms and Conditions, or

 

 

(ii) the quantity of gas allocated for delivery to SHIPPER at a specific Delivery

Point pursuant to such procedures,

 

 

shall be deemed to be Unauthorized Overrun Gas, and COMPANY shall bill and SHIPPER

shall pay for such Unauthorized Overrun Gas, in addition to the applicable

transportation charge, a penalty of $15.00 per Dth.

 

 

(e) All gas taken by a SHIPPER after receipt of a Level 3 OFO notice, to the extent that

the quantity of gas exceeds by both 75 dth/day and 100 percent of either:

 

 

(i) its Daily Entitlement, as established either by an allocation order or orders

given by the COMPANY pursuant to Section 16.2 above and/or through COMPANY'S

confirmation of SHIPPER'S nominations in accordance with the provisions of

Section 12 of these General Terms and Conditions, or

(ii) the quantity of gas allocated for delivery to SHIPPER at a specific Delivery

Point pursuant to such procedures,

 

 

shall be deemed to be Unauthorized Overrun Gas, and COMPANY shall bill and SHIPPER

shall pay for such Unauthorized Overrun Gas, in addition to the applicable

transportation charge, a penalty of $15.00 per dth for any day in which the

operational flow order is in effect.