Kinder Morgan Illinois Pipeline LLC

Original Volume No. 1

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Effective Date: 02/22/2009, Docket: RP09-243-000, Status: Effective

First Revised Sheet No. 182 First Revised Sheet No. 182

Superseding: Original Sheet No. 182

 

GENERAL TERMS AND CONDITIONS

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(c) The quantity sought to be released under a Capacity

Release Request shall not be less than the minimum quantity required

for the Eligible Firm Transportation Agreement under KMIP's Tariff.

 

(d) (1) No capacity release under this Section 14

shall result in an increase in the total capacity set forth in the

Eligible Firm Transportation Agreement with the Original Shipper for

any segment of a path covered by such Eligible Firm Transportation

Agreement.

 

(2) Unless otherwise agreed, in no event shall any

negotiated rate which is less than the recourse rate apply to overrun

quantities.

 

(3) No Replacement Shipper or Subreplacement

Shipper shall have the right to change the primary Receipt or Delivery

Points listed in the Eligible Firm Transportation Agreement, unless

the Original Shipper and KMIP agree to amend the Eligible Firm

Transportation Agreement to accordingly change the primary Receipt and

Delivery Points.

 

(4) (i) The maximum rates that may be bid and

charged for a Released Firm Transportation Agreement that is for a

term greater than one (1) year are the maximum lawful rates applicable

to the Eligible Firm Transportation Agreement held by the Original

Shipper. If the Original Shipper is paying a Negotiated Rate or a

rate under a Negotiated Rate Formula pursuant to Section 31 of these

General Terms and Conditions, a Qualified Bidder may not bid a rate

which exceeds the applicable Recourse Rate or is less than the

applicable minimum rate. A qualified Bidder may bid a rate form which

would be a Negotiated Rate or Negotiated Rate Formula if and only if

the rate form is one explicitly recognized in KMIP's Tariff as

available for capacity releases (such as volumetric rates); provided

the resulting charges must be within the range set by the applicable

maximum and minimum rates.

 

(ii) There is no maximum rate limitation

applicable to bids for capacity release for a term of one (1) year or

less, if the release is to take effect on or before one (1) year from

the date on which KMIP is notified of the release.

 

(e) A Capacity Release Request may include the right by

a Releasing Shipper to recall all or part of the capacity, and/or to

reput all or part of the recalled capacity, at any time and from time

to time. All recalls or reputs must be made in accordance with the

other provisions of KMIP's Tariff, including Section 14.14 of these

General Terms and Conditions.