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

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(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.