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.