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. 114 Original Sheet No. 114 : Effective

 

 

GENERAL TERMS AND CONDITIONS

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(3) Upon one (1) Day's prior notice, a Shipper

shall be allowed to increase its rate by any amount up to the

applicable maximum rate specified in this Tariff. A Shipper agreeing

to increase its rate hereunder shall be entitled to any higher

priority associated with such higher rate; provided, however, that

any Shipper paying the maximum rate applicable to its service (or

revenue equal to or greater than the applicable maximum rate

pursuant to a Negotiated Rate or Negotiated Rate Formula) shall be

afforded highest priority even if a Shipper which has agreed to a

Negotiated Rate or Negotiated Rate Formula is paying a higher unit

rate. Among Shippers paying less than the applicable maximum rate,

priority shall be determined based on rate level in accordance with

Section 2.4(c)(2)(i) above. Among Shippers agreeing to pay the same

rate as of the termination of the one (1) Day notice period, the

priorities set out in Section 2.4(b)(1) shall apply. No Shipper may

obtain a higher priority during any period of interruption to which

a notice relates by agreeing to an increased rate after the end of

the one (1) Day notification period.

 

(d) KMIP shall redetermine the priority of each Shipper

under this Section 2.4 and reallocate capacity hereunder on a daily

or such other periodic basis as is necessary for KMIP to recognize

the priority of new Shippers or any changes in the priorities of

existing Shippers, to assure service to its firm Shippers and to

accommodate the operational requirements of its System. The

priorities hereunder shall be applied on an Agreement-by-Agreement

basis.

 

(e) An Agreement under Rate Schedule ITS will include

all Receipt and all Delivery Points available on KMIP's System. A

Shipper may not utilize a point other than the one specified in

Sections 1.5 or 1.22 of these General Terms and Conditions.

 

2.5 UNAUTHORIZED OVERRUN

 

No Shipper shall have any right to tender Unauthorized

Overrun Gas. Unauthorized overruns are subject to penalty as set out

in the individual Rate Schedules. To the extent KMIP is unable to

transport Unauthorized Overrun Gas without jeopardizing the safety

of KMIP's operations and/or its ability to meet its contractual

obligations to other Shippers, such decisions to be solely within

the judgment and discretion of KMIP, KMIP shall have the right to

vent, without incurring any liability to Shipper, or any third

party, such Unauthorized Overrun Gas as it is unable to transport.

However, KMIP shall use its best efforts to avoid or minimize such

venting.