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. 113 Original Sheet No. 113

 

GENERAL TERMS AND CONDITIONS

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(viii) All bids received during the open

season period remain binding on the bidder through the end of the open

season unless withdrawn by bidder. At the end of any open season, all

bids either withdrawn or not accepted shall be deemed null and void. A

bidder may withdraw its bid at any time during the open season,

utilizing the same medium through which a bid can be submitted. A

bidder which has withdrawn a bid may submit a bid with a higher value

during the open season, but neither that bidder nor any of its

affiliates may submit during that open season a bid with a lower value

than the withdrawn bid [value is to be determined applying the criteria

in Section 2.1(c), consistent with the posting for that open season],

except if the withdrawn bid was withdrawn due to a material error. A

bidder may withdraw a bid for a material error by notifying KMLP by the

deadline for bids that the bid contains a material error, which

notification shall explain the material error.

 

(ix) If an open season is extended, a bidder

is free to submit a new bid without restriction in the extended open

season even if that bidder withdrew its bid in the original open

season. If a bidder withdraws its bid in an extended open season, the

same rules as in an original open season apply to that bidder.

 

(x) Once firm capacity has been subject to

an Initial Open Season, KMLP is not required to hold any further

Initial Open Season for that capacity (or portion of such capacity)

until that capacity (or a portion thereof) again becomes available

through the expiration of a contract covering any portion of such

capacity entered into under this Section 2.1(b) and any related

rollover contract under Section 16 of these General Terms and

Conditions, in which case the capacity under such contract shall be

subject to an Initial Open Season.

 

(2) REQUEST PROCEDURE

 

For firm capacity which is not awarded in the

Initial Open Season process and for existing firm capacity which is not

subject to the Initial Open Season process or to Section 16 of these

General Terms and Conditions, KMLP may award such capacity through

either the Request Procedure in this Section 2.1(b)(2) or the

Additional Open Season Procedure in Section 2.1(b)(3) of these General

Terms and Conditions. Any capacity award in the Request Procedure or

Additional Open Season must comply with the Capacity Ratio Section

2.1(a)(2) of these General Terms and Conditions.