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. 107 Original Sheet No. 107 : Effective

 

GENERAL TERMS AND CONDITIONS

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1.33 SYSTEM

 

"System" shall mean the pipeline, any compression, and

related facilities owned or leased by KMIP. It shall include only

the Delivery Point and the Receipt Points identified in Sections 1.5

and 1.22 of these General Terms and Conditions.

 

1.34 THIRD PARTY BALANCING AGREEMENT

 

"Third Party Balancing Agreement" shall mean a contract

executed by KMIP, the firm Shipper and one or more third parties

which agree to manage imbalance for that Shipper under specified

firm agreements on KMIP. Conditions applicable to such an agreement

are set out in Section 10.7 of these General Terms and Conditions.

 

1.35 UNACCOUNTED FOR GAS

 

"Unaccounted For Gas" shall mean the thermal equivalent

of the difference between the sum of all input volumes of gas to the

System and the sum of all output volumes of gas from the System,

which difference shall include but shall not be limited to gas

vented (other than gas vented pursuant to Section 2.5) and gas lost

as a result of an event of Force Majeure, the ownership of which

cannot be reasonably identified, but shall not include Fuel Gas. As

of the initial in-service date of KMIP, no Unaccounted For Gas shall

be assessed, provided however, that nothing herein shall be

interpreted to preclude or prejudice KMIP in filing for and

implementing an Unaccounted For Gas charge at any time after the

initial in-service date of KMIP. Without limitation of the

provision in the preceding sentence, KMIP may make a limited tariff

filing under Section 4 of the Natural Gas Act to passthrough charges

for gas lost and unaccounted for assessed to it by Natural

consistent with Paragraph 41 of the "Order Issuing Certificates and

Authorizing Abandonments" issued on July 17, 2007, in Docket Nos.

CP06-454-000, et al., 120 FERC Section 61,050.

 

1.36 UNAUTHORIZED OVERRUN GAS

 

"Unauthorized Overrun Gas" shall mean Overrun Gas not

accepted by KMIP for scheduling pursuant to Section 6 hereof.

 

1.37 YEAR

 

"Year" shall mean a period of three hundred sixty-five

(365) consecutive days or three hundred sixty-six (366) consecutive

days if such period includes February 29.