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. 103 Original Sheet No. 103
(Percentage of Allocated Deliveries) (Per Dth)
0 - 2% or < 200 Dth No Penalty
>2 - 5% $1.00
>5 - 8% $5.00
> 8% $15.00
Notwithstanding the above, in the event that the COMPANY has in effect such
limitation notice and the actual overall system imbalance is opposite to
the direction of the said notice, SHIPPER shall not be penalized.
(b) Insofar as practicable, when COMPANY detects the development of a system
imbalance that threatens the physical or operational integrity of its
pipeline system as described in Section 30.3(a) above, COMPANY shall
endeavor to identify those SHIPPERS or OBA Point Operators making a
significant contribution to the imbalance and to contact such or OBA Point
Operators in an effort to reduce the system imbalance and avoid the
necessity of imposing penalties as set forth in Section 30.3(a) above.
However, such prior notification may not be possible under all
circumstances, e.g., when COMPANY must act quickly in order to protect the
integrity of its system.
(c) Based on an evaluation of current and forecasted system conditions, COMPANY
shall post by 2:00 p.m. (CCT) each Friday, or, if Thursday or Friday is a
recognized COMPANY holiday, then on the day before, the probability of
implementing an OFO under this Section 30.3 for the succeeding Saturday,
Sunday, and Monday and the Thursday and/or Friday during a recognized
COMPANY holiday. If system conditions change, COMPANY shall update such
posting periodically throughout the weekend.
31. DISCOUNT TERMS
31.1 If COMPANY agrees to discount its rate to SHIPPER below COMPANY's maximum rate
under COMPANY's Rate Schedules FTS, ITS or PAL, the following discount terms may be
reflected on Exhibit E to the Service Agreement and will apply without the discount
constituting a material deviation from COMPANY's pro forma Service Agreement;
provided, however, any such discount shall not be granted in an unduly
discriminatory manner and shall not be less than COMPANY's minimum rate. Such
discounted rate may:
(i) apply only to specified quantities under SHIPPER'S Service Agreement(s);