Kinder Morgan Illinois Pipeline LLC

Original Volume No. 1

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Effective Date: 12/01/2007, Docket: RP08- 34-000, Status: Effective

Original Sheet No. 22 Original Sheet No. 22 : Effective

 

 

RATE SCHEDULE FTS

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5.5 (a) KMIP shall have the unilateral right to file with

any appropriate regulatory authority and make changes effective in:

(1) the rates and charges applicable under this Rate Schedule FTS,

including both the level and design of such rates and charges; or

(2) the terms and conditions of this Rate Schedule FTS. KMIP agrees

that Shipper may protest or contest the aforementioned filings, or

may seek authorization from duly constituted regulatory authorities

for such adjustment of KMIP's existing as may be found necessary to

assure that its provisions are just and reasonable.

 

(b) If, at any time and from time to time, the FERC or

any other governmental authority having jurisdiction in the premises

allows or permits KMIP to collect, or to negotiate to collect, a

higher rate for the service hereunder, the rate shall, subject to

any contrary provision of the FTS Agreement or a separate discount

agreement or agreement setting out a Negotiated Rate or Negotiated

Rate Formula, be increased to the highest such rate. Should

additional documentation be required in order for KMIP to collect

such highest rate, Shipper shall execute or provide such

documentation within fifteen (15) days after a written request by

KMIP. If, at any time and from time to time, the FERC or any other

governmental authority having jurisdiction in the premises requires

KMIP to charge a lower rate for transportation service hereunder,

the rate shall be decreased to such reduced rate, except as

otherwise provided in Section 31 of the General Terms and Conditions

of this Tariff.

 

5.6 KMIP may from time to time and at any time, upon twenty-

four (24) hours' verbal or written notice, subject to any provisions

on discounting in the FTS Agreement or in a separate discount

agreement or agreement setting out a Negotiated Rate or Negotiated

Rate Formula, charge any individual Shipper for service under this

Rate Schedule FTS a rate which is lower than the applicable maximum

rate set forth in this Tariff; provided, however, that such rate may

not be less than the applicable minimum rate for service under Rate

Schedule FTS set forth in this Tariff. KMIP will confirm any verbal

notice of the applicable charge in writing. Such notification shall

specifically state the effective date of such rate change and the

quantity of gas so affected. Unless otherwise agreed in the FTS

Agreement or in a separate discount agreement or agreement setting