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. 104 Original Sheet No. 104

 

(ii) apply only if specified quantities are achieved (with maximum rates applicable to

volumes above specified quantities or to all quantities if specified quantities are

never achieved);

 

(iii) apply only in a specified relationship to quantities actually transported (i.e., that

the rates shall be adjusted in a specified relationship to the quantities actually

transported);

 

(iv) apply only during specified periods of the year or over specifically-defined periods

of time;

 

(v) apply only to specified Receipt or Delivery Points, markets, or other defined

geographical areas;

 

(vi) apply to quantities conditioned upon implementation and completion of a construction

project or acquisition of facilities; and/or

 

(vii) provide for an agreed upon overall rate, with a provision for adjusting the rate

components of discounted agreements, if needed to preserve the agreed upon overall

effective rate, so long as all rate components remain within the applicable minimum

and maximum rates specified in the tariff. Such discounted rate may be based on

published index price point differentials or arrived at by formula provided that (a)

the same rate design underlying the pipeline's tariff rates is utilized, (b) the rate

component (i.e., reservation charge, usage charge, or both) that is discounted is

identified, and (c) to the extent the reservation charge is discounted, any formula

used will produce a reservation rate per unit of contract demand.

 

31.2 Nothing contained herein shall entitle a SHIPPER to capacity or a discount at points or along

segments other than those for which the original discount has been explicitly granted. If a

SHIPPER does not retain its discount or the discount at the alternate Receipt Point or Delivery

Point is higher than SHIPPER'S discount, the Reservation Charge billed to SHIPPER under

SHIPPER'S Service Agreement shall be prorated based on the total actual volumes allocated to

the alternate Receipt or Delivery Point.

 

31.3 A SHIPPER may request to extend its discount for service at other points by submitting a

request to COMPANY's Customer Services Department in writing on the form provide by COMPANY no

less than two (2) hours prior to the nomination deadline in which it plans to nominate use of

the alternate point(s). COMPANY shall respond to all valid requests received between 7:00 a.m.

and 4:00 p.m. CCT on COMPANY's Business Day and inform SHIPPER within two (2) hours of receipt

of the request whether the discount may be retained; provided, however, that COMPANY shall have

until 8:30 a.m. CCT on the subsequent Business Day to respond to any such requests received by

it after 4:00 p.m. and prior to 7:00 a.m. CCT on Business Days or received at any time on non-

Business Days.