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. 74 Original Sheet No. 74

 

(iv) Secondary Release of Firm Capacity:

 

An ACQUIRING SHIPPER who has acquired firm capacity hereunder on a

temporary basis may subsequently release the capacity it has

acquired, as set forth on the Addenda to its Capacity Release

Service Agreement(s), in accordance with the terms of this Section

20 ("Secondary Release"), thereby becoming a RELEASING SHIPPER;

provided that the Offer does not restrict such Secondary Releases.

A Secondary Release of capacity cannot operate to release greater

capacity rights than the capacity acquired by the RELEASING SHIPPER.

Furthermore, to the extent that a RELEASING SHIPPER acquired firm

capacity subject to a right of recall, the capacity then released by

the RELEASING SHIPPER, and any subsequent Secondary Release of the

capacity thereafter, shall also be subject to the right of recall.

 

(c) Prearranged Release of Firm Capacity:

 

A RELEASING SHIPPER who wishes to release its firm capacity to a

prearranged bidder on a temporary basis may do so without posting an offer

for its firm capacity, unless it elects to post its offer for competitive

bidding, if the proposed capacity release is:

 

(i) for a term of thirty-one (31) days or less;

 

(ii) for a term of more than one (1) year for which SHIPPER has obtained

a Prearranged SHIPPER and the Prearranged SHIPPER is paying the

maximum rate and all other terms and conditions of the release are

met;

 

(iii) to an asset manager as defined in Section 284.8(h)(3) of the

Commission's regulations; or

 

(iv) to a marketer participating in a state-regulated retail access

program as defined in Section 284(h)(4) of the Commission's

regulations.

 

If such prearranged bid qualifies under (i)-(iv) above, the release shall

not be subject to the competitive bidding requirements of Section 20.6

below, but shall be subject to all other provisions of this Section 20.

 

Unless capacity is released pursuant to either an asset management

arrangement or state-regulated retail access program, a firm shipper may

not roll over, extend, or in any way continue the release to the same

replacement shipper using the 31 days or less bidding exemption until 28

days after the first release period has ended. The 28-day hiatus does not

apply to any re-release to the same replacement shipper that is posted for

bidding or that qualifies for any of the other exemptions from bidding set

forth herein.

 

The minimum term for a release of capacity for a period of thirty-one (31)

days or less shall be one (1) contract day and the term must be for a

consecutive number of days.