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. 237 Original Sheet No. 237 : Effective
GENERAL TERMS AND CONDITIONS
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(1) In order to improve System operations, KMIP
may require a Shipper which has a variance of twenty percent (20%) or
more between actual deliveries to KMIP at a Receipt Point and the
confirmed nomination at that Receipt Point to conform the deliveries
to the confirmed nomination as of the Day that commences with the
effectiveness of the Operational Flow Order.
(f) A Shipper shall not be subject to overrun penalties
and charges from KMIP or Balancing Service Charges with respect to any
action taken in reasonable conformance with an Operational Flow Order
issued by KMIP during a Critical or non-Critical Time.
(g) Any Receipt or Delivery Point where the variance
between the total confirmed nominations and actual flows is less than
500 Dth per Day or where KMIP does not have either daily metering or
access to such information shall be exempt at all times, including
during a Critical Time, from Operational Flow Orders requiring that
gas flows be conformed to nominations or to some percentage of
nominations.
(h) Within thirty (30) days after an Operational Flow
Order has been lifted, KMIP will post on its Interactive Website a
report which describes the specific operational factors which caused
the Operational Flow Order to be issued and to be lifted.
32.7 CRITICAL TIME
(a) KMIP shall advise Shippers on its System if it is
declaring a Critical Time, as described in Section 9.5 of these
General Terms and Conditions, and shall specify the nature of the
situation creating the Critical Time.
(b) KMIP may issue Operational Flow Orders as described
in Section 32.6 during a Critical Time.
(c) The penalty for failure to abide by an Operational
Flow Order issued during a Critical Time shall be equal to the volume
(in Dth) by which Shipper deviated from the requirement of the
Operational Flow Order multiplied by the greater of (i) $15.00 or (ii)
the sum of three hundred percent (300%) of the highest authorized
overrun rate which can be applicable to an FTS Agreement on KMIP's
system pursuant to Section 9 of these General Terms and Conditions
plus three hundred percent (300%) of the highest Weekly Index Price
used to determine the Average Monthly Index Price (as determined in
accordance with Section 10 of these General Terms and Conditions) for
the Month in which the violation occurred.