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.