Kinder Morgan Interstate Gas Transmission LLC
Fourth Revised Volume No. 1-B
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Effective Date: 10/01/2002, Docket: RP02-505-001, Status: Effective
Substitute Second Revised Sheet No. 54A Substitute Second Revised Sheet No. 54A : Effective
Superseding: Substitute First Revised Sheet No. 54A
GENERAL TERMS AND CONDITIONS FOR SERVICES - continued
23.19 CAPACITY RELEASE FOR SCS SHIPPERS
If an SCS Shipper desires to release any of its
capacity on a permanent basis to a non-SCS Shipper,
Transporter reserves the right to take that capacity back
and post for bid. If an SCS Shipper releases any of its
capacity on a temporary basis, and the Replacement Shipper
nominates to secondary points, the Replacement Shipper will
pay Transporter the applicable maximum NNS rate for such
transportation path unless otherwise agreed to by
Transporter in writing.
23.20 TRANSPORTER'S RIGHT TO TERMINATE A CAPACITY RELEASE
Transporter may elect to terminate a Replacement Shipper's
Agreement with Transporter upon thirty (30) days written notice to
the Replacement Shipper for termination of service to the Releasing
Shipper from which the Replacement Shipper obtained its capacity,
under the following conditions:
A. The Releasing Shipper has failed to make timely payment
or maintain credit (or provide adequate assurance of payment) in
accordance with Section 10 and/or Section 22.7 of these General
Terms
and Conditions and Transporter has suspended or terminated service
to
the Releasing Shipper or has provided notice under these General
Terms and Conditions which ultimately results in suspension or
termination of service; and
B. The rate stated in the Replacement Shipper's Agreement
is
less than the rate for service under Transporter's contract with
the
Original Shipper; provided, however, that a Replacement Shipper
which
is creditworthy can continue an existing capacity release by
notifying Transporter that it agrees to pay a rate which it
specifies
that equals or exceeds the lower of: (i) the applicable maximum
rate; or (ii) the same rate as is in the original Agreement between
Transporter and the Releasing Shipper. Alternatively,
notwithstanding Section 23.8(c) of these General Terms and
Conditions, Transporter and the Replacement Shipper may agree upon
pricing terms, in which case the release shall continue. Such
notification or agreement must be effectuated prior to the end of
the
notice period.