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. 118 Original Sheet No. 118
GENERAL TERMS AND CONDITIONS
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(3) POSTING OF CRITERIA
KMLP shall post the criteria to be used in the
determination of highest economic value for comparing valid bids in
any open season and for comparing pending requests which are valid and
competing. The posting will consist of a net present value formula,
together with all relevant factors and parameters, such as discount
rates. These criteria shall be posted continuously on the
Informational Postings portion of KMLP's Interactive Website. KMLP may
change the criteria at any time in a manner not inconsistent with the
other provisions of this Section 2.1(c), but the revised criteria may
only be applied to an open season the posting of which commenced at
least one (1) Business Day after the change in criteria has been
posted. KMLP cannot change the criteria for any on-going open season.
The revised criteria shall apply immediately to all requests received
after the change has been posted. In addition, the posting for each
individual open season will include the following elements: the date
to which all bids are discounted in the calculation of net present
value; the discount rate utilized; how a Shipper's willingness or
unwillingness to prorate will affect its bid; whether a prearranged
transaction is involved and, if so, whether there is a right to match;
the extent to which advance payments will be considered in evaluating
bids; how surcharges and optional service charges will be take into
account; and the procedure to be used in breaking ties.
(4) OBLIGATION TO AWARD CAPACITY
(i) KMLP shall be obligated to award firm
capacity if the applicable maximum rate is submitted for the entire
term of a valid bid in any open season or is requested for the entire
term of a valid request under the Request Procedure, up to the firm
capacity covered by the maximum rate bid(s) or request(s), without
regard to any reserve price. If such a maximum rate bid or request is
received, KMLP shall be obligated to award the capacity either to the
Shipper submitting such a valid bid or request or to a competing
bidder or requestor. The capacity award will be based on the posted
criteria hereunder for evaluating bids or requests.
(ii) KMLP shall be obligated to award firm
capacity if the reserve price is met in a valid bid for the capacity
being posted for open season, up to the firm capacity covered by the
bid(s) meeting the reserve price. The capacity awards will be based on
application of the posted criteria.