Linde Ag
Volume 146 · 146 F.T.C. 895
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Linde Ag, 146 F.T.C. 895 (2008). Consumer Law Library, https://consumerlawlibrary.org/decisions/v146-0025
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IN THE MATTER OF LINDE AG, AND THE BOC GROUP PLC Docket No. C-4163 Order, September 9, 2008 Letter granting the request of the Monitor to extend the 2-year time limit within which TNSC must complete construction of its Northern California Helium Transfill, and until which Linde must continue to provide Helium Transfill Tolling Services to TNSC at its Richmond, California, Escrow Transfill due to unanticipated delays in receiving the necessary local permits.
LETTER RESPONSE GRANTING THE REQUEST Dear Mr. Klein:
This letter is in response to your August 11, 2008, request, which you filed as the Commission-appointed Monitor in the above-referenced matter, that the Commission extend the twoyear time limit within which Taiyo Nippon Sanso Corporation (“TNSC”) may construct a Helium Transfill, as that term is defined in the Order in Docket No. C-4163 (“Order”), in Northern California, until December 31, 2008. You also request that the Commission extend the two-year time limit during which Respondent Linde AG (“Linde”) must provide Helium Transfill Tolling Services to TNSC at Linde’s Richmond, California, Escrow Transfill, pursuant to Paragraph III.B.6. of the Order, until December 31, 2008.
Your request was filed pursuant to Paragraph N.G. of the Order and Linde supports your request for the extension regarding TNSC’s construction of its Northern California Helium Transfill, and has consented to the extension of its obligation to provide Helium Transfill Tolling Services to VOLUME 144 Interlocutory Orders, Etc.
TNSC at its Richmond, California, Escrow Transfill, and to the Order’s escrow procedures.
After consideration of your request, as well as other available information, the Commission has determined, pursuant to Rule 4.3(b) of the Commission’s Rules of Practice and Procedure, 16 C.F.R. § 4.3(b), to extend the time within which TNSC may construct a Helium Transfill in Northern California, and the time during which Linde must provide Helium Transfill Tolling Services to TNSC at Linde’s Richmond, California, Escrow Transfill, until December 31, 2008. In granting the extension, the Commission has relied upon the information submitted and representations made in connection with your request, and has assumed them to be accurate and complete.
By direction of the Commission.
WHOLE FOODS MARKET, INC. 897 Interlocutory Orders, Etc.