Kinder Morgan Interstate Gas Transmission LLC

Fourth Revised Volume No. 1-B

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Effective Date: 02/26/2009, Docket: RP09-265-001, Status: Effective

Third Revised Sheet No. 48A.02 Third Revised Sheet No. 48A.02

Superseding: Second Revised Sheet No. 48A.02

 

GENERAL TERMS AND CONDITIONS - continued

 

(k) Whether the release is a Prearranged Asset Manager

Release as defined in Section 23.2(g)(i) hereof, and the Asset Manager's

obligation to deliver gas to, or purchase gas from, the Releasing Shipper;

(l) Whether the release is a Prearranged Release to a

Marketer Participating in a State-Regulated Retail Access Program, as

defined in Section 23.2(g)(ii).

(m) Any other applicable conditions (which must conform

with Section 23.5), including any minimum price condition and whether the

Releasing Shipper wishes to apply a bid evaluation procedure different

than the bid evaluation procedure set forth in Section 23.10 for

evaluating Qualified Bids for its capacity rights, and if so, all the

factors to be used in evaluating Qualified Bids, including how its

capacity rights are to be awarded in the event of a tie for the highest

valued Qualified Bid and whether the Releasing Shipper has presubmitted a

computer diskette for such bid evaluation procedure pursuant to Section

23.5(a).

 

23.5 CAPACITY RELEASE REQUIREMENTS

 

(a) All terms and conditions relating to a release which

is the subject of a Capacity Release Request: (1) must be

nondiscriminatory and applicable to all potential bidders; (2) must be

made available to Transporter for posting; (3) must relate to the details

of acquiring or maintaining the transportation capacity rights on

Transporter, consistent with this tariff and Order No. 712 which are the

subject of the release; and (4) must not place any obligations or burdens

on Transporter in addition to the terms and conditions applicable to a

capacity release under this Section 23 which are specified in

Transporter's Tariff. Any bid evaluation procedure elected by a Releasing

Shipper different from Transporter's bid evaluation procedure set forth in

Sections 23.10(b) through 23.10(d) must be objective, nondiscriminatory in

all circumstances and contain a complete description of the bid evaluation

procedure for posting on Transporter's Interactive Web Site. Transporter

may require the Releasing Shipper to submit a working computer program to

Transporter in diskette form which is compatible with Transporter's

Interactive Web Site which will enable Transporter to make such

alternative bid evaluation entirely through Transporter's Interactive Web

Site, prior to the time any alternative bid evaluation procedure is

requested, if such bid evaluation procedure is not based on (1) highest

rate; (2) net revenue; or (3) present value as determined in Sections

23.10(b)(1) through 23.10(b)(4) (collectively referred to as "Acceptable

Alternative Bid Evaluation Procedure") and the remaining procedures set

forth in Sections 23.10(c) and 23.10(d). If the Releasing Shipper elects a

bid evaluation procedure that differs from Transporter's bid evaluation

procedure or the Acceptable Alternative Bid Evaluation Procedure and the

remaining procedures set forth in Sections 23.10(c) and 23.10(d),

Transporter shall not be held to the