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. 144 Original Sheet No. 144 : Effective
GENERAL TERMS AND CONDITIONS
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9.6 BILLING
(a) In the event KMIP does not have all actual
information by the time the billings are to be sent, KMIP may bill
Balancing Service Charges applicable to non-Critical Times based on
reasonable estimates. Such non-Critical Time Balancing Service
Charges will be assessed or revised as a result of the receipt or
revision of actual information.
(b) During a Critical Time, KMIP and Shippers shall
rely on KMIP's operational data posted on KMIP's Interactive
Website to determine whether a Critical Time Balancing Service
Charge is applicable; provided, however, if a Shipper is convinced
that KMIP's operational data is erroneous and promptly (by the end
of the next Business Day following the posting) communicates the
error to KMIP, KMIP and the Shipper shall work to resolve the
discrepancy and determine the appropriate measure of the Shipper's
compliance with applicable tolerances.
(c) For a point operator under Section 8.3 of these
General Terms and Conditions, Balancing Service Charges shall be
applied to point operator's account as though point operator were a
Shipper, with percentage variances measured in relationship to
total confirmed nominations and delivery rights under Applicable
Agreements at the Delivery Point.
9.7 PASS BACK OF PENALTY REVENUE
All amounts collected by KMIP for penalties, commencing
with the initial in-service date of KMIP, shall be determined for
each annual period ending December 31 and distributed, through a
credit to current billings wherever feasible, within ninety (90)
days after each December 31, with the first such determination and
distribution being made within ninety (90) days after the end of
the partial annual period commencing with the initial in-service
date of KMIP and ending the ensuing December 31. For purposes of
this Section 9.7, penalties shall include: Unauthorized Overrun
Charges, Balancing Service Charges, charges for failure to comply
with an Operational Flow Order (including during a Critical Time)
and charges for cashout of imbalances. Such distribution shall be
made as follows: