They do not need to cnx 09-01. The 09-01 language said these opening can be changed by upcoming excess bids. All that they need to do is close 09-01 with whatever vacancies are remaining. Their trump card was well played I must grudgingly admit.

From 09-01:

Future Bids
We are currently evaluating a realignment (excess) bid that we expect to post within a week. Therefore, it’s possible that some of these vacancies will be filled through the excess process.