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. 102 Original Sheet No. 102

 

(f) COMPANY may apply the penalty to any SHIPPER or OBA Point Operator that

takes gas in excess of the tolerance set forth in Section 30.2(c) above if

such unauthorized takes prevent or limit another SHIPPER from receiving its

scheduled deliveries at any Delivery Point on COMPANY's system.

 

30.3 Daily SHIPPER Imbalances Threaten System Integrity

 

(a) If COMPANY determines in its reasonable judgment that any imbalance between

the gas received by COMPANY for SHIPPER'S account and delivered by COMPANY

for SHIPPER'S account, or any imbalance at a given Receipt Point or

Delivery Point, threatens the physical or operational integrity of its

pipeline system, which includes the ability to deliver to any other SHIPPER

its Daily Entitlement, or to make deliveries at a given Delivery Point,

COMPANY shall have the right to interrupt or limit at any time, and from

time to time, the quantities of gas it will receive for transportation or

deliver, whether for a SHIPPER'S account or at a given Receipt Point or

Delivery Point, to the extent COMPANY in its reasonable judgment deems

necessary in order to maintain the physical or operational integrity of its

pipeline system and the quality of service provided to other, firm

shippers.

 

Any notice to interrupt or limit the quantity of gas to be received or

delivered by COMPANY shall be given four (4) hours in advance, or such

shorter period of time as is required to prevent physical damage to or to

maintain the operational integrity of COMPANY'S pipeline system and the

quality of service provided to other, firm shippers, and shall be limited

to an amount COMPANY reasonably estimates does not exceed the amount of the

imbalance threatening the operational integrity of COMPANY'S pipeline

system. Further, to the maximum extent practicable, COMPANY shall limit

the scope and duration of any action or order to interrupt or limit the

receipt and/or delivery of gas so that service to SHIPPER or service at a

given Receipt Point or Delivery Point is maintained at the highest level

consistent with maintaining the physical or operational integrity of

COMPANY'S pipeline system and the quality of service provided to other,

firm shippers.

 

If a SHIPPER or OBA Point Operator, as applicable, accrues an imbalance in

violation of the limitation notice given by COMPANY, SHIPPER or OBA Point

Operator shall pay the following applicable penalty charges. Penalties on

SHIPPER'S or OBA Point Operator's imbalance shall be based on the following

percentages of SHIPPER'S allocated deliveries. SHIPPER'S imbalance is the

difference between SHIPPER'S allocated receipts and SHIPPER'S allocated

deliveries. An OBA Point Operator's imbalance is the difference between

scheduled daily nominations at the Interconnection Point and actual daily

receipts or deliveries at the Interconnection Point.