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. 126 Original Sheet No. 126

 

GENERAL TERMS AND CONDITIONS

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(2) For reason of Force Majeure;

 

(3) Due to routine repair and maintenance to be

reasonably determined by KMLP;

 

(4) Pursuant to Section 2.8 of these General Terms

and Conditions;

 

(5) To rectify imbalances or to conform physical

flows to nominations to the extent consistent with the specific Rate

Schedule;

 

(6) To maintain System integrity;

 

(b) (1) To the extent there is insufficient capacity

available to schedule all properly nominated and confirmed services

under Rate Schedule ITS, KMLP shall schedule such service based on

the rate to be paid, from highest to lowest unit rate, with service

for which the highest unit rate being paid is scheduled first. Any

Shipper paying the maximum rate applicable to its service (or

revenue equal to or greater than the applicable maximum rate

pursuant to a Negotiated Rate or Negotiated Rate Formula) shall be

afforded highest priority even if a Shipper which has agreed to a

Negotiated Rate or Negotiated Rate Formula is paying a higher unit

rate. In the event there is insufficient capacity to schedule all

Rate Schedule ITS services for which the same rate is to be paid,

KMLP shall allocate the available capacity pro rata based on the

confirmed nominated volume.

 

(2) In interrupting or curtailing service under

Rate Schedule ITS due to lack of capacity, KMLP shall interrupt such

service based on the rate being paid, from lowest to highest unit

rate, with service for which the lowest unit rate being paid is

interrupted first. Any Shipper paying the maximum rate applicable to

its service (or revenue equal to or greater than the applicable

maximum rate pursuant to a Negotiated Rate or Negotiated Rate

Formula) shall be afforded highest priority even if a Shipper which

has agreed to a Negotiated Rate or Negotiated Rate Formula is paying

a higher unit rate. In the event there is insufficient capacity to

continue all Rate Schedule ITS service for which the same rate is

being paid, KMLP shall allocate the available capacity pro rata

based on the confirmed nomination volume.