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. 94 Original Sheet No. 94


27.2 Anything to the contrary in COMPANY's FERC Gas Tariff notwithstanding, COMPANY and

SHIPPER may mutually agree in writing to a Negotiated Rate, including rates, rate

components, charges, surcharges, reimbursement amounts (including for electric

power and fuel), or credits for services that differ from those rates, rate

components, charges and surcharges (including for electric power and fuel), or

credits that are otherwise prescribed, required, established or imposed by any

applicable provision of COMPANY's effective FERC Gas Tariff.


Exhibit F to the pro forma service agreement of COMPANY's Tariff contains a pro

forma negotiated rate agreement with provisions, whether individually or in any

combination, to which COMPANY and a SHIPPER may mutually agree and conform to the

authorization in this Section 27 ("Pro Forma Negotiated Rate Agreement"). The Pro

Forma Negotiated Rate Agreement does not, however, obligate COMPANY or any SHIPPER

to agree to such provisions contained therein. COMPANY will agree to these or other

negotiated rate provisions without undue discrimination among similarly situated



If COMPANY agrees, then such differing rates, rate components, charges, surcharges,

reimbursement amounts (including for electric power and fuel), or credits, shall be

effective starting on the date set out in the applicable Exhibit and extend only

for the period agreed upon by COMPANY. During such period, the Negotiated Rate

shall govern and apply to the SHIPPER'S service and the otherwise applicable rate,

rate component, charges, surcharges, reimbursement amounts (including for electric

power and fuel), or credit, which the parties have agreed to replace with the

Negotiated Rate, shall not apply to, or be available to, the SHIPPER. At the end

of such period, the otherwise applicable maximum rates or charges shall govern the

service provided to SHIPPER unless otherwise agreed in a discounted or negotiated

rate exhibit to the Service Agreement. Only those rates, rate components, charges,

reimbursement amounts (including for electric power and fuel), or credits agreed to

by COMPANY and SHIPPER in writing as being superseded by a Negotiated Rate shall be

ineffective during the period that the Negotiated Rate is effective; all other

rates, rate components, charges, or credits prescribed, required, established or

imposed by COMPANY's Tariff shall remain in effect. COMPANY shall make, and

SHIPPER shall cooperate with and support, any filing at the FERC necessary to

effectuate a Negotiated Rate.


27.3 Rate Treatment:


COMPANY may, to the extent permitted by law, seek in future general rate

proceedings, discount-type adjustments in the design of its rates related to

Negotiated Rate agreements. In addition, COMPANY shall not be precluded from

seeking discount recognition in future general rate proceedings for Negotiated Rate

transactions to the extent the total rate to be charged under the Negotiated Rate

Agreement cannot or will not during the test period of such proceeding exceed the

applicable maximum rate on a 100% load-factor basis. For purposes of determining

whether the rates charged under any Negotiated Rate agreement constitute a

discounted rate, the actual revenue generated from the transaction under all of the

rate components in total will be compared to the revenue generated as though

COMPANY had charged the maximum recourse rate under the applicable rate schedule at

the actual load factor at which the service under the Negotiated Rate transaction

was utilized.