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. 193 Original Sheet No. 193
GENERAL TERMS AND CONDITIONS
(2) Except as set out in Sections 2.1(d) and 6.12
of these General Terms and Conditions, no Replacement Shipper or
Subreplacement Shipper shall have the right to change the primary
Receipt or Delivery Points listed in the Eligible Firm
Transportation Agreement, unless the Original Shipper and KMLP agree
to amend the Eligible Firm Transportation Agreement to accordingly
change the primary points.
(3) (i) The maximum rates that may be bid and
charged for a Released Firm Transportation Agreement that is for a
term greater than one (1) year are the higher of the maximum lawful
rates applicable to the Eligible Firm Transportation Agreement held
by the Original Shipper or the Negotiated Rate (or rate under a
Negotiated Rate Formula) being paid by the Releasing Shipper. If the
Releasing Shipper is paying a Negotiated Rate or a rate under a
Negotiated Rate Formula pursuant to Section 30 of these General
Terms and Conditions, a Qualified Bidder may not bid a rate which
exceeds the higher of such rate or the applicable Recourse Rate. A
qualified Bidder may bid a rate form which would be a Negotiated
Rate or Negotiated Rate Formula if and only if the rate form is one
explicitly recognized in KMLP's Tariff as available for capacity
releases (such as volumetric rates).
(ii) There is no maximum rate limitation
applicable to bids for capacity release for a term of one (1) year
or less, if the release is to take effect on or before one (1) year
from the date on which KMLP is notified of the release.
(4) Unless otherwise agreed, in no event shall any
Negotiated Rate (or rate under a Negotiated Rate Formula) which is
less than the Recourse Rate apply to overrun quantities.
(f) A Capacity Release Request may include the right
by a Releasing Shipper to recall all or part of the capacity,
and/or to reput all or part of the recalled capacity, at any time
and from time to time. All recalls or reputs must be made in
accordance with the other provisions of KMLP's Tariff, including
Section 14.14 of these General Terms and Conditions.
(g) (1) The Releasing Shipper may withdraw its posted
Capacity Release Request during an open season under this Section 14
where unanticipated circumstances justify and no minimum bid has
been received; following the close of the open season, a Releasing
Shipper may not reject a winning Qualified Bid.