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
(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
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
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.