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. 85 Original Sheet No. 85

 

(xi) the information required by Section 250.16 of the

Commission's Regulations to the extent necessary to

allow COMPANY to comply with its reporting/posting

requirements under Section 250.16 to include the

following:

 

(1) the specific affiliation of the bidder/ACQUIRING

SHIPPER with COMPANY. A bidder may withdraw its

bid on an Offer at any time prior to the end of

the bid period, but any subsequent bids

submitted by the bidder on that Offer during the

bid period must be equal to or higher than the

bidder's previous bid(s).

 

(g) The COMPANY'S Initial Review: Upon receipt of all bids, the

COMPANY shall engage in an initial review to determine

whether a bid will be deemed eligible for consideration as

the best bid. Any bid deemed ineligible pursuant to this

Section 20.6(g) shall be eliminated from consideration. A

bid shall be deemed ineligible if:

 

(i) the bid (or bidder) does not comply with all of the

terms and conditions and deadlines of this Section 20;

or

 

(ii) the bid submitted exceeds the bidder's pre-approved

credit term or limits; or

 

(iii) the bid is for capacity at Delivery and Receipt Points

other than those points specified in the Offer where

the Offer has restricted bidder's rights to change

Delivery or Receipt Points; or for capacity at Receipt

or Delivery Points not within the capacity path of the

Delivery Points offered by the RELEASING SHIPPER when

the release is subject to recall; or for capacity

outside of the Bid Zone being released; or

 

(iv) the bid does not meet the minimum terms of the

RELEASING SHIPPER'S Offer; or

 

(v) the bidder has not removed the contingency by the

deadline set forth in the Offer.

 

(h) The Best Bid Determination: All bids deemed to be eligible

following the COMPANY'S initial review pursuant to Section

20.6(g) above shall be reviewed in determining the best bid.

The best bid shall be determined by COMPANY pursuant to the

objective criteria for determining the best bid set forth in

the RELEASING SHIPPER'S Offer. If the Offer does not

specify best-bid criteria, the eligible bids will be

evaluated by COMPANY by multiplying the price bid times the

volume bid. In addition, if the RELEASING SHIPPER'S offer

for a permanent release allows consideration to be paid to

the ACQUIRING SHIPPER, then any such consideration included

in the ACQUIRING SHIPPER'S bid shall be subtracted from its

bid solely for purposes of calculating the best bid.