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.