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.