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. 37 Original Sheet No. 37
RATE SCHEDULE ITS
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(b) If, at any time and from time to time, the FERC or
any other governmental authority having jurisdiction in the premises
allows or permits KMLP to collect, or to negotiate to collect, a
higher rate for the service hereunder, the rate shall be increased
to the highest such rate unless the ITS Agreement or a separate
discount, Negotiated Rate or Negotiated Rate Formula agreement
provides that the rate established in such an agreement shall not be
subject to such a modification or increase. Should additional
documentation be required in order for KMLP to collect such highest
rate, Shipper shall execute or provide such documentation within
fifteen (15) days after a written request by KMLP. If, at any time
and from time to time, the FERC or any other governmental authority
having jurisdiction in the premises requires KMLP to charge a lower
rate for transportation service hereunder, the rate shall be
decreased to such reduced rate except as otherwise agreed under
Section 5.1(b) of this Rate Schedule and Section 30 of the General
Terms and Conditions of this Tariff (as to Negotiated Rate or
Negotiated Rate Formula agreements).
5.6 KMLP may, consistent with any provisions on discounting in
the ITS Agreement or in a separate discount, Negotiated Rate or
Negotiated Rate Formula agreement, charge any individual Shipper for
service under this Rate Schedule ITS a rate which is lower than the
applicable maximum rate set forth in this Tariff; provided, however,
that such rate may not be less than the applicable minimum rate for
service under Rate Schedule ITS set forth in this Tariff except as
otherwise provided in Section 30 of the General Terms and Conditions
of this Tariff (as to Negotiated Rate or Negotiated Rate Formula
agreements). KMLP shall file with the Commission any and all reports
as required by the Commission's Regulations with respect to the
institution or discontinuance of any discount.
5.7 All revenues collected by KMLP as a result of providing
service under Rate Schedule ITS shall be retained by KMLP unless
KMLP has otherwise explicitly agreed on a different disposition of
such amounts. The Credit of Interruptible Revenue and Penalty
Revenue provisions in the General Terms and Conditions of this
Tariff represent an agreement by KMLP on a different disposition of
certain revenue.