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.