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. 81 Original Sheet No. 81


(xi) if bids on a volumetric rate basis are acceptable, whether the

volume bid is a minimum daily throughput commitment for billing

purposes, i.e. the ACQUIRING SHIPPER'S monthly bill and the

RELEASING SHIPPER'S monthly credit will be no less than the volume

bid multiplied by the volumetric rate bid multiplied by the number

of days in the month that the release was in effect;


(xii) whether contingent bids may be submitted and the deadline for

removing any such contingencies;


(xiii) pursuant to the provisions of Section 20.6(a) hereof, any extensions

in the deadlines established in Section 20.6(a);


(xiv) the economic criteria to be utilized by COMPANY in determining the

"best bid" (the criteria to be objectively stated, applicable to all

bidders and nondiscriminatory);


(xv) a nondiscriminatory tie breaker to be utilized in determining the

"best bid" if two or more bids generate equal revenues.


(xvi) whether or not the RELEASING SHIPPER will reput the capacity to the

Acquiring Shipper at the end of its recall of the capacity;


(xvii) whether the capacity to be released will be available at the start

of the Gas Day or on an intraday basis once the release has been

awarded pursuant to the deadlines established in Appendix D,

attached hereto;


(xviii) whether the release is segmentable;


(xix) for a permanent release, whether the RELEASING SHIPPER is willing to

pay the potential ACQUIRING SHIPPER consideration for the release

and if so, the form of acceptable consideration and any limits on

the amount of acceptable consideration. Payment and collection of

such consideration shall be handled directly between the RELEASING

SHIPPER and ACQUIRING SHIPPER, and both parties agree that COMPANY

is not responsible for collecting or paying such additional



(xx) whether the proposed release is to an asset manager as part of an

asset management arrangement as defined in Section 284.8(h)(3) of

the Commission's regulations, and the volumetric level of the asset

manager's delivery or purchase obligation and the time period during

which that obligation is in effect under the asset management

arrangement; and