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