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.