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. 122 Original Sheet No. 122
GENERAL TERMS AND CONDITIONS
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(b) Without limitation to the foregoing, unless
otherwise agreed by contract, KMLP shall have the right to reduce
receipts or deliveries of Gas on any Day below Shipper's MDQ to permit
maintenance, repair, overhaul, replacement, or construction of
pipelines, compressors, metering, regulating, or other transmission
facilities and equipment, or to maintain System integrity; provided,
however, that with respect to routine repair and maintenance, KMLP
will attempt to schedule such activity during a period when it will
not result in curtailment to firm services, or when such curtailment
will be minimized, after consulting with the Shippers which could be
affected.
(c) Unless otherwise agreed by contract, no later than
fifteen days prior to the scheduled activity, KMLP will post on the
Informational Postings portion of its Interactive Website a tentative
schedule of planned maintenance, construction, test, rehabilitation or
repair activities to be performed which KMLP anticipates may cause to
fail to tender delivery of Shipper's scheduled quantities of Gas. The
schedule will include the dates the activities are scheduled to begin
and end as well as the portions of the System and capacity expected to
be affected. KMLP will endeavor to perform the activities in
accordance with the posted schedule.
(d) (1) In the event of any failure or inability of
KMLP to provide firm transportation service up to Shipper's MDQ
following the Commencement Date, Shipper shall be relieved of its
payment obligations hereunder in the proportion that Shipper's
nominations of firm service up to Shipper's MDQ are not complied with
by KMLP, for so long as such service is unavailable.
(2) KMLP shall not be obligated to adjust the
Reservation Charge under any contract pursuant to Section 2.2(d)(1)
when KMLP's failure to deliver on any Day is:
(i) the failure of Gas to be delivered from
the Terminal;
(ii) Shipper's failure to comply with the
terms of the FTS Agreement; or
(iii) the result of the inability or
unwillingness of any downstream operator of the facilities at the
Delivery Point to receive Gas from KMLP or permit an interconnection.