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. 114 Original Sheet No. 114

 

GENERAL TERMS AND CONDITIONS

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(i) KMLP may award such firm capacity in

response to request(s) for firm service in writing or on its

Interactive Website which conform to the requirements in the

applicable rate schedule for valid requests (including meeting credit

criteria). A request may be unsolicited or pre-negotiated, but no

communication will be considered a request hereunder unless it

constitutes a valid request for service consistent with the applicable

rate schedule and has been submitted in writing or via KMLP's

Interactive Website.

 

(ii) A request for firm capacity will be

binding on the entity requesting firm capacity for two (2) Business

Days or until the request is accepted or rejected by KMLP, whichever

is earlier. KMLP shall respond to any request for firm capacity within

two (2) Business Days. Unless granted by KMLP, all requests submitted

are void effective the earlier of the time when KMLP rejects the

request or two (2) Business Days after the request is submitted. KMLP

cannot grant any request which has become void, but a request becoming

void hereunder is without prejudice to any future request by that

Shipper or any other Shipper.

 

(iii) The rate form under a request may be

either the basic rate design then in effect on KMLP's System or a

Negotiated Rate or Negotiated Rate Formula rate form.

 

(iv) KMLP is not obligated to award firm

capacity based on a request at less than the applicable maximum rate,

but any capacity award must be consistent with Section 2.1(c) of these

General Terms and Conditions if there are competing valid requests

pending. For purposes of applying the evaluation criteria in Section

2.1(c) of these General Terms and Conditions, only pending valid

requests which have not become void under (ii) are considered to be

competing.

 

(v) Requests shall not be accepted or valid

as to any firm capacity which is subject to an Initial Open Season or

an Additional Open Season during any period between the posting of

that open season and the award of capacity (or the decision not to

award capacity) under that open season.

 

(3) ADDITIONAL OPEN SEASON PROCEDURE

 

(i) If available firm capacity has not been

awarded in the Initial Open Season, KMLP may at any time elect to hold

an Additional Open Season for that capacity.