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. 144 Original Sheet No. 144

 

GENERAL TERMS AND CONDITIONS

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(1) if a Shipper is nominating or flowing within

the primary path under its segment, overrun shall not apply to that

segment so long as such Shipper is within its MDQ on that segment and

any overrun shall be assigned to the segment on which Shipper is

nominating and flowing outside its path; (ii) if a Shipper is

nominating or flowing in excess of its MDQ on a segment under the

segmented release, the Shipper shall be assessed overrun based on the

volume in excess of its MDQ; and (iii) where the Shipper on each

segment is within its MDQ, but is nominating on a secondary out-of-

path basis so as to create an overlap in nominated paths, and

aggregate nomination by the Releasing and Replacement Shipper in the

area of overlap are in excess of the original contract MDQ, then

except as provided in (i) and (ii), overrun charges will be assessed

to the Releasing Shipper unless the release specifies that such

overrun charges are to be assessed to the Replacement Shipper.

 

(d) The direction of flow for path segments must be the

same direction of flow as for the original path unless KMLP agrees

otherwise or unless such a change in direction of flow is consistent

with the Agreement. A Shipper may segment a backhaul, but such

segmentation shall be subject to review by KMLP on a case-by-case

basis as to whether a backhaul on each resulting segment is

operationally feasible. The Shipper (or Replacement Shipper in the

case of a release) may nominate service at Receipt and Delivery Points

for the path segment that results in a reverse flow from the original

path; however, such a nomination will be treated as being secondary

outside of the path. Subject to the availability of point capacity and

to ordinary nomination procedures, deliveries may be made at the same

point for a forward haul on the upstream segment and a backhaul of the

downstream segment. The forward haul will have priority at the point

if the point capacity is not adequate. At the point of segmentation,

deliveries may be nominated on the upstream segment up to MDQ and

receipts may be nominated on the downstream segment up to MDQ, subject

to constraints on point capacity and ordinary scheduling procedures

and priorities.

 

(e) (1) Subject to the remainder of this subsection

6.12(e), the Releasing and Replacement Shipper involved in a segmented

release may each choose primary Receipt Points and primary Delivery

Points equal to their respective contract MDQs after the release;

provided, however, that the resulting segments may not overlap in a

way that exceeds the MDQ of the original contract on a segment. If