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.