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.