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.