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. 138 Original Sheet No. 138 : Effective

 

 

GENERAL TERMS AND CONDITIONS

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Agreements delivering gas at the point, but any such request must

include a consent by the physical point operator and other entities

which could receive an allocation of gas under such agreement and

is subject to review by KMIP as to its practicability.

 

8.4 FAILURE TO DELIVER GAS

 

(a) To the extent that KMIP is not able to deliver at

least 98% of the service levels nominated within Shipper's MDQ by

Shipper at its primary points, Shipper shall not be liable for

reservation charges for those volumes, up to 98% of its MDQ, which

it nominated but which KMIP was not able to provide; provided, if

KMIP's inability to provide service as contemplated herein was the

result of a properly noticed Force Majeure event, described in

Section 20 of these General Terms and Conditions, event the

reduction of Shipper's reservation charges shall not begin until

the earlier of: (a) ten (10) Days after the commencement of the

interruption of service caused by the Force Majeure event, and (b)

the date on which such Force Majeure event should have been cured

by KMIP, using its reasonable efforts; provided, further, that

Shipper shall not be entitled to reservation charges reduction if

KMIP's inability to provide service as contemplated herein has

occurred as a result of a failure by upstream entities to deliver

gas to KMIP or of an inability of a downstream entity to accept gas

from KMIP.

 

(b) KMIP (1) shall exercise reasonable diligence to

schedule maintenance so as to minimize or avoid service

interruptions and (2) shall not schedule routine, non-emergency

maintenance except during the period between April 1 and December

1, which action shall not be an excuse of performance or event as

defined under this section. No later than fifteen days prior to

the scheduled activity, KMIP will post on the Informational

Postings portion of its Interactive Website a tentative schedule of

planned maintenance, construction, test, rehabilitation or repair

activities to be performed which KMIP anticipates may cause to fail

to tender delivery of Shipper's scheduled quantities of gas. The

schedule will include the dates the activities are scheduled to

begin and end as well as the portions of the system and capacity

expected to be affected. KMIP will endeavor to perform the

activities in accordance with the posted schedule.