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. 29 Original Sheet No. 29


(iv) COMPANY may enter into a pre-arranged agreement with any

shipper for capacity that is available prior to holding an

open season for that capacity, provided that COMPANY will

indicate in the posting announcing the open season that the

open season is subject to a pre-arranged transaction. Any

shipper will have the right to submit a bid for the capacity

in the open season; provided, however, that the prearranged

shipper may not submit a bid of lesser value to COMPANY than

the pre-arranged agreement. If a shipper submits a bid with

a higher NPV to COMPANY than the pre-arranged transaction,

the shipper with the pre-arranged transaction will have a

one-time right, within two Business Days of notification by

COMPANY, to match the NPV of the higher bid in order to

obtain award of the capacity. If the shipper with the pre-

arranged transaction elects not to match a higher competing

bid, the capacity will be awarded to the qualifying

bidder(s) with the highest NPV to COMPANY. Such NPV shall

be determined pursuant to the procedures set forth in

Section 2(b)(i) above and the criteria set forth in the open

season. If the capacity is awarded to a shipper under the

terms of a pre-arranged transaction, COMPANY shall post the

following information: (i) the rate agreed upon in the pre-

arranged transaction; and (ii) the rate at which the

capacity is awarded.


(v) All requests received during an open season remain binding

on the requesting SHIPPER through the end of the open season

unless withdrawn by the requesting SHIPPER; provided,

however, a requesting SHIPPER may withdraw its previous

request and submit a request with a higher net present value

during the open season, but neither the requesting SHIPPER

nor an affiliate, supplier, or purchaser thereof may submit

a request with a lower net present value during the open

season. At the end of the open season, all requests either

withdrawn or not accepted shall be deemed null and void.

COMPANY will evaluate the bids and notify the winning bidder

within ten (10) Business Days of the close of the open

season. If the SHIPPER awarded the capacity does not

execute a Service Agreement within the time set forth below

in Section 2.1(c), then COMPANY may elect to offer the

capacity to other SHIPPERS as provided above. If there is

no other acceptable bid, the SHIPPER awarded the capacity

shall be obligated to pay COMPANY the applicable Reservation

Charge for the capacity requested in the bid based on the

terms of the bid through the end of the term specified in

the bid or until such time that COMPANY can successfully

award the capacity to an acceptable replacement bidder.

COMPANY shall post the winning bid and the method of

evaluating the winning bid on SoNet Premier within twenty-

four (24) hours after the award has been made.