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. 87 Original Sheet No. 87
If the RELEASING SHIPPER fails to specify a tiebreaker,
COMPANY shall apply the following tie breakers in the order
shown, if necessary:
a. the bid generating the greatest present value of
revenues over the shortest term;
b. the bid submitted first in time as established by the
COMPANY'S electronic date and time stamp.
(j) Determination of Unsubscribed Firm Capacity: If COMPANY
finds, after the determination of the best bid for each
Offer posted to be effective on the same release date, that
there are more best bids for firm capacity at a Delivery
Point than the available unsubscribed firm capacity at the
point, the capacity shall be awarded by the COMPANY based on
the order in which the Offers were posted. If there is
insufficient unsubscribed firm capacity to award a winning
bidder its requested Delivery Point(s), it shall be awarded
the firm Delivery Point(s) set forth in the Offer as its
Primary Delivery Point(s) unless the Primary Delivery
Point(s) are in a restricted upstream Bid Zone as set forth
in the Offer. In that event, the winning bidder will be
awarded a Primary Delivery Point in the segmented portion of
capacity to be released. Each ACQUIRING SHIPPER and
RELEASING SHIPPER may utilize all Delivery Points on
COMPANY'S pipeline system, in accordance with Section 6.2
above. COMPANY shall provide on SoNet Premier for use
during the bid process a list of all Delivery Points within
the segmented portion of capacity being offered for release
and the best available information regarding their
associated unsubscribed firm capacities.
(k) Notification: Upon completion of the best bid
determination, the party submitting the best bid, i.e. the
ACQUIRING SHIPPER, shall be notified by the COMPANY through
SoNet Premier. The COMPANY shall further notify all bidders
through SoNet Premier that a best bid has been accepted. If
the capacity was released on a permanent basis, an amended
firm Service Agreement(s) between the COMPANY and the
ACQUIRING SHIPPER, incorporating the terms of the accepted
bid, shall be tendered and executed electronically on SoNet
Premier by the applicable execution deadline set forth in
Section 20.6(a) above.
If the capacity was released on a temporary basis, COMPANY
shall e-mail information on the Capacity Release Transaction
to the ACQUIRING SHIPPER. COMPANY shall post on SoNet
Premier the details of the winning bid and the ACQUIRING
SHIPPER'S name as soon as possible after the released
capacity is awarded. Such notice shall stay on SoNet
Premier for at least thirty (30) days.
(l) If the ACQUIRING SHIPPER acquires firm transportation
capacity to a Delivery Point pursuant to an offer that
restricted the Bid Zone, the RELEASING SHIPPER of such