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. 32 Original Sheet No. 32

 

RATE SCHEDULE ITS

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3. VALID REQUESTS

 

3.1 A request for service under this Rate Schedule ITS shall

be valid as of the date received if it complies with this Section 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) 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; (2) unless and until

Shipper has provided KMLP with the information required in Section 3.2

hereof; (3) if KMLP determines, based on the credit analysis

referenced in Section 3.2(d), 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; (4) if the service

requested would not comply with this Rate Schedule ITS; or (5) 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 ITS 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 ITS

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 ITS. KMLP shall promptly notify Shipper if it cannot

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

the reasons set out in Section 3.1(a) or if the request is incomplete

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

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

needed to complete the ITS 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.