Rockies Express Pipeline LLC (Entrega)

Second Revised Volume No. 1

Effective Date: 08/01/2009, Docket: RP09-747-000, Status: Effective

First Revised Sheet No. 252 First Revised Sheet No. 252

Superseding: Original Sheet No. 252

GENERAL TERMS AND CONDITIONS

32. COMPLIANCE WITH 18 C.F.R., SECTION 284.12 (Contd.)

32.3 Transporter's HTML page(s) is accessible via the Internet's World

Wide Web at the following address:

http://pipeline.kindermorgan.com

33. NEGOTIATED RATES

33.1 Availability.

Transporter and Shipper may mutually agree in writing to a

Negotiated Rate for service under any rate schedule contained in

Transporter's Tariff. Transporter shall make any filings at the

FERC necessary to effectuate a Negotiated Rate Agreement.

Transporter's Recourse Rate is available to any Shipper that does

not desire to negotiate a rate with the Transporter.

33.2 Definition.

Transporter and Shipper may mutually agree to a Negotiated Rate or

rate formula for service, in which one or more of the individual

rate components may be less than, equal to, or greater than

Transporter maximum and/or minimum rates, may be based on a rate

design other than Straight Fixed Variable (SFV), and may include a

minimum volume.

33.3 Limitations.

This Section 33 does not authorize Transporter to negotiate terms

and conditions of service.

33.4 Capacity Allocation.

For purposes of Curtailment and scheduling services pursuant to

Section 3 of the General Terms and Conditions of this Tariff,

Shippers which have agreed to pay a Negotiated Rate which exceeds

the maximum tariff rate, when calculated on a 100 percent load

factor basis, will be considered to be paying the maximum Recourse

Rate. In evaluating bids for existing firm service or allocating

existing Capacity among competing requests for firm service where

one or more bid(s) is at a Negotiated Rate which is proposing a

reservation rate or other form of revenue guarantee (i.e., minimum

throughput condition or minimum bill) that exceeds the maximum

applicable reservation rate, the Net Present Value of any such bid

for firm service shall be capped by the Net Present Value of the

maximum applicable reservation rate for such service over the

contract term bid.