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. 69 Original Sheet No. 69


Each bid shall contain the term for which the capacity is sought

and the percentage of the maximum rate in effect during the term

which the bidder is willing to pay for the capacity or (if

applicable) the Negotiated Rate the bidder is willing to pay for

the capacity. If COMPANY receives more than one bid for SHIPPER'S

capacity, and it does not reject all bids as provided below, it

will choose the bid, or combination of bids, which maximizes

revenue to COMPANY ("best bid"); provided, however that COMPANY

reserves the right to reject any bid which is for less than 100%

of the maximum rate applicable to SHIPPER'S firm service.


(d) COMPANY will notify SHIPPER of the best bid received in an arm's

length transaction that COMPANY is willing to accept, and SHIPPER

shall have a specified time, but no less than fifteen (15) days,

within which it must match the rate or price percentage and

contract term offered in the best bid in order to retain its firm

capacity, unless otherwise agreed; provided, however, if the

bidder bids a Negotiated Rate for capacity SHIPPER holds at the

maximum recourse rate at more than the effective maximum rate,

SHIPPER shall only be required to match the bid at the maximum

rate applicable to the service in order to retain its capacity.

If the firm capacity held by SHIPPER was subject to a Negotiated

Rate and the bidder submits a Negotiated Rate bid for the

capacity, SHIPPER will retain the capacity by submitting a binding

offer to pay the greater of (i) the highest Negotiated Rate offer

submitted by the bidder, or (ii) a Recourse Rate or discounted

Recourse Rate per Dth that is equivalent to the Negotiated Rate

that SHIPPER had been paying for the capacity it wishes to retain.


SHIPPER has the right to bid a volumetric portion of its capacity,

but does not have the right to divide its capacity in seasonal

portions. If SHIPPER fails to match the best bid within the time

allowed by COMPANY, SHIPPER'S existing firm Service Agreement will

be subject to pregranted abandonment upon the effective

termination date of SHIPPER'S Service Agreement and COMPANY will

enter into a new firm Service Agreement of even date with the

party or parties offering the best bid.


Notwithstanding the above, unless COMPANY and Shipper expressly

agree otherwise in Shipper's Service Agreement, or package

thereto, any Shipper that has entered into an interim-term firm

service agreement or package for capacity pursuant to Section

2.1(b)(vi) of these General Terms and Conditions shall not have

the right to extend the term of such interim-term capacity under

the provisions of this Article 19 beyond the in-service date of

the applicable expansion project or start date of the service



(e) If COMPANY does not receive any bids for SHIPPER'S capacity or any

bids which are acceptable to COMPANY, SHIPPER shall have fifteen

(15) days, or such other period as COMPANY and SHIPPER agree on,

to notify COMPANY that SHIPPER wishes to retain its rights to its

firm capacity at the maximum rate applicable thereto, or any new

discount or Negotiated Rate agreed to by COMPANY, for an

additional term as requested by SHIPPER.