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. 198 Original Sheet No. 198
GENERAL TERMS AND CONDITIONS
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14.9 AWARDING OF RELEASED CAPACITY; EFFECTIVE DATE; GAS
NOMINATIONS
(a) For a Prearranged Release for which no open season is
required under Section 14.6 and which is received at least one (1)
hour prior to a nomination deadline on a Day, KMLP shall award the
capacity to the Prearranged Shipper within one (1) hour after
release notification, provided that all applicable provisions of
this Section 14 have been complied with.
(b) As to any other Prearranged Release, in the event
there was no winning Qualified Bid(s) with a higher total Bid Value
than the Prearranged Shipper's Bid Value, KMLP shall notify the
Prearranged Shipper. If, during an open season, the winning
Qualified Bid(s) have a higher total Bid Value than the Bid Value of
the Prearranged Release under the bid valuation procedure selected
by the Releasing Shipper, KMLP shall notify the Prearranged Shipper
of the terms and conditions of the winning Qualified Bid(s), except
for any identification of the Qualified Bidder(s). The Prearranged
Shipper may elect to match any or all of such winning Qualified
Bid(s), but may not elect to match only a portion of a winning
Qualified Bid. Such election shall consist of the Prearranged
Shipper submitting notice to KMLP of its unconditional agreement to
the terms and conditions of one or more of such winning Qualified
Bid(s) in writing or electronic means. In the event of a timely
match, then the Prearranged Shipper shall be awarded the released
capacity. To the extent that the Prearranged Shipper fails to timely
match (within the required time frame) the winning Qualified Bid(s)
with a higher Bid Value, then the Qualified Bidder(s) who made the
winning Qualified Bid shall be awarded the capacity. The timelines
for the above actions shall be as provided in Section 14.1 of these
General Terms and Conditions.
(c) For any other Capacity Release Request, the capacity
rights shall be automatically awarded to the winning Qualified
Bidder(s) when KMLP has identified the entity(s) to receive the
released capacity under this Section 14.
(d) A capacity release shall become effective upon the
awarding of capacity consistent with this Section 14. Nominations
for Gas service utilizing the released capacity shall be accepted at
the next available nomination opportunity which occurs on or after
the time the release becomes effective hereunder, consistent with 18
C.F.R. Section 284.12(c)(1)(ii); provided that nominations cannot be
effectuated prior to the beginning time specified in the release.