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. 162 Original Sheet No. 162 : Effective
GENERAL TERMS AND CONDITIONS
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(d) In the event KMIP constructs new lateral facilities
to accommodate a Shipper, KMIP may (unless otherwise agreed) require
from the Shipper security in an amount up to the cost of the
facilities. This provision does not apply to mainline expansions. Such
security may be in any of the forms available under Section 12.1(b) of
these General Terms and Conditions, at Shipper's choice. KMIP is only
permitted to recover the cost of facilities once, either through rates
or through this provision. As KMIP recovers the cost of these
facilities through its rates, the security required shall be reduced
accordingly. Specifically, collateral provided by Shipper related to
new facilities shall be returned to that Shipper in equal Monthly
amounts over the term of its contract for service related to the new
facilities or as otherwise mutually agreed by KMIP and Shipper. Where
facilities are constructed to serve multiple Shippers, an individual
Shipper's obligation hereunder shall be for no more than its
proportionate share of the cost of the facilities. This requirement is
in addition to and shall not supersede or replace any other rights
that KMIP may have regarding the construction and reimbursement of
facilities.
(e) KMIP may not take any action under this Section 12.1
which conflicts with any order of the U.S. Bankruptcy Court.
12.2 (a) (1) If at any time KMIP reasonably determines
based on adequate information available to it that a Shipper is not
creditworthy under Section 12.1(a) of these General Terms and
Conditions or if Shipper fails to maintain assurance of future
performance under Section 12.1(b) of these General Terms and
Conditions, KMIP may notify such Shipper in writing that it has five
(5) Business Days to provide KMIP with security consistent with
Section 12.1(b) of these General Terms and Conditions which is
adequate to cover all charges for one Month's advance service. In
addition, within thirty (30) days after such notification, the Shipper
must fully comply with the means for adequate assurance of future
performance, covering the full level of collateral provided for under
Section 12.1(b) of these General Terms and Conditions. If the Shipper
has not satisfied the requirements in either of prior two (2)
sentences by the end of the specified prior notice period, KMIP may
immediately suspend service to Shipper. KMIP may terminate service if
it has complied with the procedures in Section 12.2(d) of these
General Terms and Conditions.
(2) If KMIP does not have sufficient information
to determine whether Shipper is creditworthy, it may request