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The fact that a Qualified Bidder sells a monthly-shaped swap hedging product to another Qualified Bidder may or may not impede the ability of the Qualified Bidders involved in the transaction to make or uphold the certifications of the Part 2 Application. Please see FAQ-52. As noted in the response to FAQ-52, such a product in and of itself is not sufficient to meet the supply obligations of a BGS-RSCP Supplier; several other significant components are required. Such a transaction need not reveal or provide confidential information relative to the bidding strategy, but such a transaction could reveal or provide confidential information relative to the bidding strategy, depending on the context. For example, if the parties were engaged in a series of transactions that included not only these shaped products but also other components that could be used for BGS-RSCP Supply, the totality of these transactions could reveal confidential information relative to the bidding strategy of one or both parties. If the totality of the transactions revealed confidential information relative to the bidding strategy of one or both parties, it would not be possible for the bidders to make or uphold all certifications of the Part 2 Application.
11/25/2025, in Association and Confidential Information Rules.
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