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.