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