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. 78 Original Sheet No. 78
The timetables in Appendix D set forth the deadlines for
standard offers to release capacity, i.e. those which
contain no special terms and conditions. Offers which
contain special terms and conditions, including, but not
limited to contingencies or best bid criteria and tie
breakers other than those set forth in Sections 20.6(h) and
(i) hereof, are deemed to be non-standard offers and shall
require additional evaluation time.
It shall be the responsibility of the RELEASING SHIPPER to
post its Offer in sufficient time to allow the release to
occur on the date offered given the schedule to be applied
and any extensions of that schedule allowed by the RELEASING
SHIPPER in its Offer. The RELEASING SHIPPER may post its
Offer earlier than the Day set forth in the applicable
timetable in Appendix D hereto, thereby extending the bid
period for such Offer. If it posts its Offer early, the
RELEASING SHIPPER may alter the bid deadline and the
deadline for removing contingencies by changing them to an
earlier date so long as the interval between each deadline
is no shorter than the intervals set forth in the applicable
timetable in Appendix D hereto.
If the RELEASING SHIPPER allows contingent bids to be
submitted, each bidder submitting a valid, contingent bid
must notify COMPANY by the deadline set forth in the
applicable Appendix D timetable, unless the RELEASING
SHIPPER specified another deadline pursuant to the foregoing
procedures, that the contingency has been removed and that
the bid is to remain eligible for processing. However, the
bidder does not have to notify COMPANY of the removal of the
type of contingency set forth in Section 20.6(f)(xi) since
such contingency will be resolved during COMPANY'S
determination of the best bids.
(b) Offer of Firm Capacity: Pursuant to the applicable schedule
established in Section 20.6(a) above, a SHIPPER desiring to
release firm capacity shall post on SoNet Premier, on the
standard form provided by COMPANY on SoNet Premier, an offer
of firm capacity (herein called "Offer"), except as provided
otherwise in Section 20.3(c) above. The COMPANY shall date
and time stamp all offers as they are received and shall
post such Offer if it is complete unless the RELEASING
SHIPPER specifies a delayed time and date for its Offer to
be posted. In such event, COMPANY shall post the Offer at
the time specified by the RELEASING SHIPPER, provided that
such time does not conflict with the deadlines set forth in
Appendix D hereto. The RELEASING SHIPPER agrees that its
posted Offer specifically is subject to the following
conditions:
(i) If two or more RELEASING SHIPPERS wish to combine
Offers of capacity into one Offer, the capacity must
be released for the same term, and each RELEASING
SHIPPER must appoint in writing or through SoNet
Premier to COMPANY, prior to the posting of such an
Offer, the same agent for purposes of submitting a
joint Offer.