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.