Kinder Morgan Interstate Gas Transmission LLC
Fourth Revised Volume No. 1-B
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Effective Date: 12/01/2003, Docket: RP00-343-006, Status: Effective
Second Revised Sheet No. 52D Second Revised Sheet No. 52D : Effective
Superseding: First Revised Sheet No. 52D
GENERAL TERMS AND CONDITIONS - continued
(d) A capacity release shall become effective upon the awarding
of capacity consistent with this Section 23. Nominations for gas
service utilizing the released capacity shall be accepted at the next
available nomination opportunity which occurs on or after the time the
release becomes effective hereunder, consistent with 18 C.F.R. Section
284.12 (c)(1)(ii); provided that nominations cannot be effectuated prior
to the beginning time specified in the release. Transporter shall issue
a contract to the winning Qualified Bidder within one (1) hour after the
capacity has been awarded. So long as the winning bidder has pre-
approved credit, that bidder can submit a nomination consistent with the
above regardless of whether a contract with Transporter covering the
capacity awarded has been issued or executed; provided, however, that a
contract must be executed under the provisions of the relevant rate
schedule regarding timely execution of a contract tendered by
Transporter in order for a Shipper to have continued service beyond the
maximum time specified for timely contract execution. If the original
Shipper has already submitted a nomination on that day under the
Agreement being released, and if the Replacement Agreement covering the
released capacity is effective the same day, the original Shipper may
incur overrun charges if his nomination exceeds the reduced contractual
parameters under the original Agreement resulting from the release
(i.e., if the original Shipper fails to reduce its nomination, or does
not adequately reduce its nomination, at the first opportunity the
Replacement Shipper has to nominate).
(e) Gas nominations for transportation pursuant to released
capacity are subject to the provisions of Section 3 of these General
Terms and Conditions. Gas nominations by a Shipper utilizing released
capacity awarded by Transporter shall constitute Shipper's binding
acceptance of the terms and conditions of the capacity award by
Transporter pursuant to this Section 23, including Transporter's
standard form of Agreement covering the Rate Schedule applicable to the
released capacity and the terms and conditions of the Qualified Bid and
the Capacity Release Request, in accordance with Transporter's Tariff.
(f) Subject to the other provisions in this Section 23, in the
event that there is no Qualified Bidder or Prearranged Shipper for
posted Eligible Firm Transportation Agreement capacity during an open
season, no capacity release will be awarded and the Releasing Shipper
shall retain the capacity sought to be released.