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. 82 Original Sheet No. 82
(xxi) whether the proposed release is to a marketer
participating in a state-regulated retail access
program as defined in Section 284.8(h)(4) of the
Commission's regulations.
The following information shall be supplied by COMPANY with
each Offer: (i) the reservation charge (and reservation
surcharges) applicable to the capacity being released, (ii)
the reservation charge (including reservation surcharges))
converted to a 100% load-factor volumetric rate if the Offer
requires bids on a volumetric rate basis, (iii) the date and
time the Offer was posted on SoNet Premier, and (iv) the
date and time the bid period ends.
(d) Prearranged Bidders: A RELEASING SHIPPER must identify in
its Offer any "Prearranged Bid" to be made on the firm
capacity offered for release. However, the "Prearranged
Bidder" must also meet all of the requirements established
for bidders pursuant to Section 20.6(e)-(g) below. A
Prearranged Bidder must also submit its bid in accordance
with Section 20.6(f) below. For bids on Offers in which the
Prearranged Bidder tenders a bid for the offered capacity at
the maximum reservation charge applicable to the RELEASING
SHIPPER'S service or at a higher reservation charge
applicable to releases that become effective on or after
July 30, 2008, when the term proposed is for one (1) year or
less and the release takes effect on or before one (1) year
from the date on which the COMPANY was notified of such
release, for the full volume, capacity and term offered by
the RELEASING SHIPPER, and the Prearranged Bidder satisfies
all of the requirements of Section 20.6(e)-(g) below, the
Prearranged Bid will be deemed the "best bid".
The COMPANY shall thereafter post on SoNet Premier, as set
forth in Section 20.3(c) above, the identity of the
Prearranged Bidder, and the terms upon which the capacity
was released. In all other situations, but except in those
situations where Releasing Shipper is not required to post
the Offer as set forth above in Section 20.3(c), the
Prearranged Bid shall constitute the minimum bid price for
all other bidders, and shall be posted on the RELEASING
SHIPPER'S Offer as such. If the COMPANY does not receive
any better bid by the date on which all bids are due, the
Prearranged Bid shall be deemed the best bid. If the
COMPANY does receive a better bid by the date on which all
bids are due, the Prearranged Bidder shall have the right to
match the terms of the better bid by the deadline
established in Section 20.6(a) above. If the Prearranged
Bidder matches the better bid, the Prearranged Bidder shall
be deemed to have made the best bid.