Kinder Morgan Interstate Gas Transmission LLC

Fourth Revised Volume No. 1-B

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Effective Date: 10/01/2002, Docket: RP02-419-000, Status: Effective

First Revised Sheet No. 52C First Revised Sheet No. 52C : Effective

Superseding: Original Sheet No. 52C

 

GENERAL TERMS AND CONDITIONS - continued

 

23.9 AWARDING OF RELEASED CAPACITY; EFFECTIVE DATE; GAS NOMINATIONS

 

(a) For a Prearranged Release for which no open season is

required under Section 23.6 and which is received by at least one (1)

hour prior to a nomination deadline on a Day, Transporter shall award

the capacity to the Prearranged Shipper within one (1) hour after

release notification, provided that all applicable provisions of this

Section 23 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, Transporter 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, Transporter 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

Transporter 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 above 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 23.1.

 

(c) For any other Capacity Release Request, the capacity rights

shall be automatically awarded to the winning Qualified Bidder(s) when

Transporter has identified the entity(s) to receive the released

capacity under this Section 23.