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. 136 Original Sheet No. 136 : Effective
GENERAL TERMS AND CONDITIONS
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(c) In the event that volumes delivered by KMIP under
Applicable Agreements at any Delivery Point are less than the sum
of confirmed nominations at the point on any Day, the delivery
sequence for that Day shall be as follows:
(1) First, confirmed nominations under all
Applicable Agreements shall be deemed delivered on that Day;
provided, however, that volumes deemed delivered for that Day are
subject to adjustment.
(2) Of the volumes nominated but not delivered,
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 conditions shall be allocated to the point
operator's account on any Day (such allocation absorbs any
allowable balancing service provided without additional charge
under Section 9 of these General Terms and Conditions), but 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 cashout shall be implemented
without offset, netting, 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 inject gas to the storage point of a qualified
third party pursuant to a Third Party Balancing Agreement held by
the point operator shall next be deemed injected for that Day on
behalf of the point operator.