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. 35 Original Sheet No. 35
RATE SCHEDULE ITS
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4. TERM
(a) The term of service hereunder shall be set forth
in the ITS Agreement between Shipper and KMLP, subject to any
rollover rights consistent with Section 16 of the General Terms and
Conditions of the Tariff. KMLP may terminate the ITS Agreement if
Shipper fails to cause Gas to be delivered during any twelve (12)
consecutive calendar Months when capacity is available, unless
Shipper's failure to deliver Gas was attributable to circumstances
of Force Majeure.
(b) Upon termination of any ITS Agreement, service by
KMLP to Shipper thereunder shall be terminated and automatically
abandoned unless otherwise provided by contract pursuant to Section
16 of the General Terms and Conditions of this Tariff.
(c) KMLP may terminate any ITS Agreement if KMLP is
required by the FERC or some other agency or court to provide
service for others utilizing the interruptible System capacity or
capability required for service under such ITS Agreement.
5. RATE
5.1 (a) Shipper shall pay KMLP each Month under this
Rate Schedule ITS a one-part Commodity Charge as set out in this
Tariff for each Dth of Gas received for transportation, together
with such other charges as are identified in this Tariff. The
maximum Monthly Commodity Charge shall be the applicable maximum
unit rate set out in this Tariff multiplied by the quantity of Gas
actually received by KMLP for transportation during the billing
Month. Once compression goes into service, Shipper shall also pay
the Compression Charge multiplied by the quantity of Compression
Service provided that Month.
(b) Where a Shipper has agreed to pay a Negotiated
Rate or a rate under a Negotiated Rate Formula, the rates assessed
hereunder shall be governed by Section 30 of the General Terms and
Conditions of this Tariff.
5.2 Shipper shall reimburse KMLP for any Fuel Gas (if
applicable subject to compression being installed), Unaccounted For
Gas and Line Heater Gas used in transporting and delivering Gas
hereunder as provided by Section 36 of the General Terms and
Conditions.