Kinder Morgan Louisiana Pipeline LLC

Original Volume No. 1

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Effective Date: 03/01/2009, Docket: RP09-257-000, Status: Effective

Original Sheet No. 22 Original Sheet No. 22

 

RATE SCHEDULE FTS

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3. VALID REQUESTS

 

3.1 A request for service under this Rate Schedule FTS shall

be valid as of the date received if it complies with this Section 3.1

and contains adequate information on all of the items specified in

Section 3.2, subject to any necessary verification of such

information and to the following:

 

(a) A request shall not be valid and KMLP shall not be

required to grant any such request: (1) for which adequate capacity

is not available on any portion of KMLP's System necessary to provide

such service; (2) as to which KMLP does not have the operational

capability to effect receipt, transportation and/or delivery on a

firm basis consistent with the terms and conditions of this Rate

Schedule FTS; (3) which would require the construction, modification,

expansion, or acquisition of any facilities; provided, however, that

KMLP may agree on a basis not unduly discriminatory to construct,

modify, expand, or acquire facilities to enable it to perform such

services; (4) unless and until Shipper has provided KMLP with the

information required in Section 3.2 hereof; (5) if KMLP determines,

based on the credit analysis referenced in Section 3.2(g), that

Shipper does not possess sufficient financial stability to make it

reasonably likely the service provided hereunder will be paid for on

a timely basis; (6) if the service requested would not comply with

this Rate Schedule FTS; or (7) if the service requested is at less

than the applicable maximum rate; provided, however, that KMLP may

agree to provide service hereunder at a discount or at a Negotiated

Rate or under a Negotiated Rate Formula, consistent with this Rate

Schedule FTS and the applicable General Terms and Conditions of this

Tariff. Nothing herein is intended to govern the scheduling or

curtailment of service once a request for service has been granted

pursuant to this Section and while an FTS Agreement is in effect.

Such scheduling and/or curtailment are governed by the General Terms

and Conditions of this Tariff.

 

(b) Any request must be complete and comply with this

Rate Schedule FTS. KMLP shall promptly notify Shipper if it cannot

satisfy an otherwise valid request, in whole or in part, due to lack

of capacity or System capability or if the request is incomplete or

does not comply with this Rate Schedule FTS. If a request is not

complete, KMLP shall inform Shipper in writing of the specific items

needed to complete the FTS Agreement, after which Shipper shall have

fifteen (15) days to provide the specified information. In the event

such information is not received by KMLP within fifteen (15) days,

Shipper's request shall be null and void.