Kinder Morgan Interstate Gas Transmission LLC

Fourth Revised Volume No. 1-A

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Effective Date: 06/01/2004, Docket: CP03- 39-001, Status: Effective

First Revised Sheet No. 159 First Revised Sheet No. 159 : Effective

Superseding: Original Sheet No. 159

RATE SCHEDULE CMC-1 (continued)

 

5.2 Where a Shipper has agreed to pay a Negotiated Rate or a rate

under a Negotiated Rate Formula, the rates assessed hereunder

shall be governed by Section 36 of the General Terms and

Conditions of this Tariff. A request for service at a Negotiated

Rate or a rate under a Negotiated Rate Formula shall specify the

Negotiated Rate or Negotiated Rate Formula on which the Shipper is

willing to agree.

 

5.3 Shipper shall reimburse Transporter within five (5) days after

costs have been incurred by Transporter for all fees required by

the Commission or any regulatory body including, but not limited

to, filing, reporting, and application fees to the extent such

fees are specifically related to service for that Shipper

hereunder and are not generally applicable fees.

 

5.4 If Transporter in its reasonable discretion, agrees to construct,

acquire or modify any facilities to perform service hereunder as

specified in an agreement between the Transporter and applicable

Shipper(s), the applicable Shipper(s) signing such an agreement

shall reimburse Transporter for the cost of such facilities or

facility modifications either:

 

A. As a contribution-in-aid of construction associated with

such facilities, including a gross-up for applicable state

and federal income tax expense; or

 

B. Transporter shall assess a monthly charge reflecting such

facility costs including an obligation to reimburse

Transporter, upon demand, if transportation service is

terminated prior to the agreed upon reimbursement period.

 

5.5 The ACA charge, and any other applicable surcharges, will be

assessed when applicable, as provided in the General Terms and

Conditions of this Tariff, on volumes delivered by Transporter for

Shipper under this Rate Schedule CMC-1.

 

5.6 A. Transporter shall have the unilateral right to file with any

appropriate regulatory authority and make changes effective

in: (1) the rates and charges applicable under this Rate

Schedule CMC-1, including both the level and design of such

rates and charges; or (2) the terms and conditions of this

Rate Schedule CMC-1. Transporter agrees that Shipper may

protest or contest the aforementioned filings, or may seek

authorization from duly constituted regulatory authorities

for such adjustment of Transporter's existing FERC Gas

Tariff, as may be found necessary, to assure that its

provisions are just and reasonable.