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


Imbalance Penalty

(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.



31.1 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);