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. 151 Original Sheet No. 151

 

GENERAL TERMS AND CONDITIONS

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a period of up to two (2) years, at which time that amount will be

included in the amounts for distribution in the then current annual

period to the extent not offset by costs under Section 9.3(a). The

refunds in the prior sentence shall be calculated on a Monthly

basis but distribution of the credit shall be annual. KMLP shall

also distribute interest on the principal refund amount calculated

through the distribution date consistent with 18 C.F.R. Section

154.501. If the costs to be netted against penalty revenue exceed

the penalty revenue in any Month, the excess costs may be carried

forward to be applied against penalty revenue in subsequent Months.

Thus, while distribution is made annually, the net penalty revenue

credit shall be calculated on a Monthly basis, subject to the carry

forward of costs as stated in the prior sentence. A Shipper which

failed to comply with an Operational Flow Order shall be excluded

from distribution of net penalty revenues only for the Month in

which that violation occurred.

 

(2) Where capacity has been released, any amounts

distributed to the Original Shipper and the calculation and amounts

distributed to the Original Shipper shall be based on the MDQ and

flowing volumes of Gas for that Shipper (without considering any

contracts of Replacement Shippers) during the relevant annual

period; provided, however, that in the case of a permanent release,

any amounts distributed hereunder with respect to the released

capacity shall be distributed to the Replacement Shipper and the

calculation and the amounts distributed to the Replacement Shipper

shall be based on the MDQ and flowing volume for that Replacement

Shipper during the relevant annual period. KMLP shall file with the

Commission a refund report for each annual distribution of penalty

revenue under this Section 9.3.