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season unless withdrawn by bidder.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bids either withdrawn or not accepted shall be deemed null and void.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bidder which has withdrawn a bid may submit a bid with a higher value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than the withdrawn bid [value is to be determined applying the criteria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except if the withdrawn bid was withdrawn due to a material error.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.