Kinder Morgan Illinois Pipeline LLC
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 02/22/2009, Docket: RP09-243-001, Status: Effective
First Revised Sheet No. 181 First Revised Sheet No. 181
Superseding: Original Sheet No. 181
GENERAL TERMS AND CONDITIONS
----------------------------
14.5 CAPACITY RELEASE REQUIREMENTS
(a) All terms and conditions relating to a release which
is the subject of a Capacity Release Request: (1) must be
nondiscriminatory and applicable to all potential bidders; (2) must be
made available to KMIP for posting; (3) must relate to the details of
acquiring or maintaining the transportation capacity rights on KMIP
consistent with this Tariff and Order No. 712, which are the subject
of the release; and (4) must not place any obligations or burdens on
KMIP in addition to the terms and conditions applicable to a capacity
release under this Section 14 which are specified in KMIP's Tariff.
Any bid evaluation procedure elected by a Releasing Shipper different
from KMIP's bid evaluation procedure set forth in Sections 14.10(b)
through 14.10(d) must be objective, nondiscriminatory in all
circumstances and contain a complete description of the bid evaluation
procedure for posting on the Public Information portion of KMIP's
Interactive Website. KMIP may require the Releasing Shipper to submit
a working computer program to KMIP in diskette form or other mutually
agreeable method of electronic communication which is compatible with
KMIP's Interactive Website computer which will enable KMIP to make
such alternative bid evaluation entirely through KMIP's Interactive
Website, prior to the time any alternative bid evaluation procedure is
requested, if such bid evaluation procedure is not based on (1)
highest rate; (2) net revenue; or (3) present value as determined in
Sections 14.10(b)(1) through 14.10(b)(4) (collectively referred to as
"Acceptable Alternative Bid Evaluation Procedure") and the remaining
procedures set forth in Sections 14.10(c) and 14.10(d). If the
Releasing Shipper elects a bid evaluation procedure that differs from
KMIP's bid evaluation procedure or the Acceptable Alternative Bid
Evaluation Procedure and the remaining procedures set forth in
Sections 14.10(c) and 14.10(d), KMIP shall not be held to the
subsequent deadlines set forth in this Section 14, but KMIP shall make
a reasonable attempt to adhere to such deadlines. KMIP shall publish
standards relating to such computer diskettes, but it is the
responsibility of the Releasing Shipper to develop and provide the
working computer diskette or other mutually agreeable method of
electronic communication. The Releasing Shipper shall warrant that the
computer diskette or other mutually agreeable method of electronic
communication conforms to the bid evaluation procedure in the Capacity
Release Request.
(b) The term of any release of capacity sought under
this Section 14 shall be at least one full Day and shall not exceed
the remaining term of the Eligible Firm Transportation Agreement.