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. 187 Original Sheet No. 187 : Effective
GENERAL TERMS AND CONDITIONS
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14.9 AWARDING OF RELEASED CAPACITY; EFFECTIVE DATE; GAS
NOMINATIONS
(a) For a Prearranged Release for which no open season is
required under Section 14.6 and which is received at least one (1)
hour prior to a nomination deadline on a Day, KMIP shall award the
capacity to the Prearranged Shipper within one (1) hour after release
notification, provided that all applicable provisions of this Section
14 have been complied with.
(b) As to any other Prearranged Release, in the event
there was no winning Qualified Bid(s) with a higher total Bid Value
than the Prearranged Shipper's Bid Value, KMIP shall notify the
Prearranged Shipper. If, during an open season, the winning Qualified
Bid(s) have a higher total Bid Value than the Bid Value of the
Prearranged Release under the bid evaluation procedure selected by the
Releasing Shipper, KMIP shall notify the Prearranged Shipper of the
terms and conditions of the winning Qualified Bid(s), except for any
identification of the Qualified Bidder(s). The Prearranged Shipper may
elect to match any or all of such winning Qualified Bid(s), but may
not elect to match only a portion of a winning Qualified Bid. Such
election shall consist of the Prearranged Shipper submitting notice to
KMIP of its unconditional agreement to the terms and conditions of one
or more of such winning Qualified Bid(s) in writing or electronic
means. In the event of a timely match, then the Prearranged Shipper
shall be awarded the released capacity. To the extent that the
Prearranged Shipper fails to timely match (within the required time
frame) the winning Qualified Bid(s) with a higher Bid Value, then the
Qualified Bidder(s) who made the winning Qualified Bid shall be
awarded the capacity. The timelines for the above actions shall be as
provided in Section 14.1 of these General Terms and Conditions.
(c) For any other Capacity Release Request, the capacity
rights shall be automatically awarded to the winning Qualified
Bidder(s) when KMIP has identified the entity(s) to receive the
released capacity under this Section 14.
(d) A capacity release shall become effective upon the
awarding of capacity consistent with this Section 14. Nominations for
gas service utilizing the released capacity shall be accepted at the
next available nomination opportunity which occurs on or after the
time the release becomes effective hereunder, consistent with 18
C.F.R. Section 284.12(c)(1)(ii); provided that nominations cannot be
effectuated prior to the beginning time specified in the release.