Kinder Morgan Illinois Pipeline LLC

Original Volume No. 1

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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

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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.