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.