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. 135 Original Sheet No. 135 : Effective

 

 

GENERAL TERMS AND CONDITIONS

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(2) Volumes equal to up to the percentage of the

confirmed nominations under step (1) which corresponds to the

percentage for the Balancing Service Charge tier under Section 9 of

these General Terms and Conditions for which no additional charge

is assessed under then prevailing circumstances are the next

volumes deemed delivered on any Day (which absorbs any allowable

balancing service provided without additional charge under Section

9 of these General Terms and Conditions) and are allocated to the

point operator's account, but volumes shall be deemed delivered to

the point operator's account only to the extent necessary to

account for deliveries on that Day. The point operator's account is

available for the allocation of volumes hereunder on any Day except

during a Critical Time or as otherwise provided in an Operational

Flow Order. Moreover, allocations under this step (2) to a point

operator's account shall not be made to the extent such an

allocation would be inconsistent with an Operational Flow Order nor

shall any such allocation be made during a Critical Time. The

cumulative volumes for operator's account hereunder over any Month

may not exceed two percent (2%) of cumulative confirmed nominations

for that Month or any lesser amount specified in an Operational

Flow Order. The determination related to the prior sentence shall

be made at the end of the Month and any volumes in excess of the 2%

cashed-out. Such cash-out shall be effectuated without offset,

netting or trading, in accordance with Section 10.3 of these

General Terms and Conditions, except that imbalances from 2% to 5%

shall be cashed-out in the "5% to 10%" tier.

 

(3) Volumes under Applicable Agreements equal to

available rights to withdraw and deliver gas to the point pursuant

to a Third Party Balancing Agreement held by the point operator

shall be the next volumes deemed delivered that Day.

 

(4) Any additional volumes delivered at the

point on any Day which are not accounted for by applying steps (1)

through (3) shall be allocated for that Day as overrun deliveries

to the point operator's account and shall be subject to charges

under Section 9 of these General Terms and Conditions [it being

understood that the allowable balancing service to be provided

without additional charge under Section 10 has already been

provided under step (2) above].