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. 145 Original Sheet No. 145
GENERAL TERMS AND CONDITIONS
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the points chosen are within the path of the original Agreement and do
not involve changing a primary point thereunder, the point
designations shall be accepted, subject only to the availability of
firm capacity at those points and agreement on the rate applicable at
the new primary points. If one or more points are within the
applicable zone but outside the path of the original Agreement, then
KMLP's generally applicable point change procedures in Section 2.1(d)
of these General Terms and Conditions and the provisions of subsection
6.12(e)(2) shall apply. Any primary point established under this
subsection 6.12(e) which was not a primary point under the original
Agreement and is not reflected in a point change which affects the
original Agreement, will have the same priority and rights as any
other primary point, including temporary (within the Month) point
change rights under Section 2.1(d) of these General Terms and
Conditions, but shall be a primary point only until the temporary
point rights expire under Section 2.1(d), the term of the release ends
or until that primary point is changed by Shipper pursuant to the
provisions of this Tariff, as applicable. Such an additional primary
point may not be designated if a Shipper is releasing to itself. If
firm capacity is not available at the point or to the point, the
Shipper may designate such points (not overlapping with other
segments) in defining a segment, but the points shall have secondary
point priority (either in-path or out-of-path, as applicable).
(2) A Shipper, a Replacement Shipper or a
Subreplacement Shipper may change the primary Receipt or Delivery
Point(s) listed in the Agreement to new primary point(s) subject to
the point change provisions of Section 2.1(d) of these General Terms
and Conditions, if the Shipper (or in the case of a release, the
Original Shipper) and KMLP agree to amend the Agreement to change the
primary Receipt and Delivery Point(s) accordingly; provided, however,
that the consent of the Original Shipper shall not be required in the
case of a permanent release by that Original Shipper of its firm
capacity or the exercise of temporary (within the Month) point change
rights. KMLP shall not be obligated to reserve firm capacity to
reinstate the former primary point(s) upon expiration of the
segmentation or the capacity release.
(3) Where a Replacement Shipper selects a primary
point which is outside the primary path under the Releasing Shipper's
contract (and thus creates a new primary path at least partially
outside the original primary path), any recall by the Releasing
Shipper will be of capacity which contains the changed primary points,
not the Releasing Shipper's original primary points.