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. 161 Original Sheet No. 161 : Effective
GENERAL TERMS AND CONDITIONS
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(i) payment in advance for all fees and
charges for three (3) Months of service except to the extent otherwise
agreed;
(ii) a standby irrevocable letter of credit
covering all fees and charges for three (3) Months of service drawn
upon a bank acceptable to KMIP except to the extent otherwise agreed;
(iii) security interest covering all fees and
charges for three (3) Months of service in collateral provided by the
Shipper found to be satisfactory to KMIP except to the extent
otherwise agreed; or
(iv) guarantee of all fees and charges for
three (3) Months of service by a person or another entity which does
satisfy the credit appraisal, except to the extent otherwise agreed.
(2) Nothing herein shall be read to preclude KMIP
from requiring, and enforcing for the term of the initial contracts, a
greater amount of security in agreements supporting an application for
a certificate to construct new or expanded facilities, including any
replacement contract entered into upon a permanent release of capacity
under such an initial contract, any assignment of such an initial
contract or any resale of capacity subject to such an initial contract
in the event of a default.
(c) Where a Shipper selects the prepayment option under
Section 12.1(b) of these General Terms and Conditions, the prepayment
amounts shall be deposited in an interest-bearing escrow account if
such an account has been established by Shipper which meets the
criteria set out in this paragraph. The costs of establishing and
maintaining the escrow account shall be borne by Shipper. The escrow
bank must be rated at least AA or better and shall not be affiliated
with Shipper. The escrow arrangement shall provide for the prepayment
amounts to be applied against the Shipper's obligation under its
service agreement(s) with KMIP and shall grant KMIP a security
interest in such amounts as an assurance of future performance. The
escrow agreement shall specify the permitted investments of escrowed
funds so as to protect principal, and shall include only such
investment options as corporations typically use for short-term
deposit of their funds. Such escrow account shall at all times
maintain the amount of prepayments required under Section 12.1(b) of
these General Terms and Conditions. If KMIP is required to draw down
the funds in escrow, it will notify the Shipper and Shipper must
replenish such funds within three (3) Business Days after such notice.