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. 86 Original Sheet No. 86
Bids for a term of more than one (1) month that vary in price or term shall
be discounted to present value based on currently effective Commission
interest rates or such other published, objective financial measure as
posted by COMPANY in advance of the offer/bid cycle. This formula will
generate a revenue number for comparison of the bids and the bid producing
the most revenue shall be determined to be the best bid. For releases that
become effective on or after July 30, 2008, potential ACQUIRING or
Prearranged SHIPPERS may submit bids in excess of the maximum tariff rate
for the applicable service agreement if the term of the proposed releases
is one (1) year or less and such release is to take effect on or before one
(1) year from the date on which COMPANY is notified of such release. Such
rate will be utilized in the determination of the best bid.
The best bid as determined herein or pursuant to the objective criteria
posted by the RELEASING SHIPPER shall be subject to the rights of a
Prearranged Bidder to match the bid in accordance with Section 20.6(d)
above. If two or more bids are equivalent, they will be subject to the
outcome of the tie breaker stipulated in the RELEASING SHIPPER'S Offer as
explained in Section 20.6(i) below. In its Offer the RELEASING SHIPPER may
specify any best bid criteria and tie breaker that complies with Sections
20.6(c)(xiv) and(xv) herein. However, if the RELEASING SHIPPER chooses the
COMPANY'S best bid criteria set forth above or one of the following pre-
programmed criteria and one of the tie breakers listed in Section 20.6(i),
the Offer will be eligible for the accelerated schedules set forth in the
timetables in Appendix D to these General Terms and Conditions:
(i) Highest rate;
(ii) Price times volume (regardless of term);
(iii) Price times volume times term (net revenue); or
(iv) Present value
If the best bid does not utilize all of the capacity being offered for
release and the RELEASING SHIPPER provided in its Offer that it would
accept multiple qualifying bids, then COMPANY will award the capacity in
the order of best bids until it has awarded all of the offered capacity
possible.
(i) Tie Breaker: If there is a tie for the best bid, and there is no
Prearranged Bidder who has agreed to match the best bid, the winning bid
shall be determined by applying the tie breaker stipulated in the RELEASING
SHIPPER'S Offer. The RELEASING SHIPPER may specify one of the following
tie breakers or a different tie breaker so long as it is objective,
nondiscriminatory and can be applied by COMPANY.