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. 199 Original Sheet No. 199

 

GENERAL TERMS AND CONDITIONS

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KMLP shall issue a contract to the winning Qualified Bidder within

one (1) hour after the capacity has been awarded. So long as the

winning bidder has pre-approved credit, that bidder can submit a

nomination consistent with the above regardless of whether a contract

with KMLP covering the capacity awarded has been issued or executed;

provided, however, that a contract must be executed under the

provisions of the relevant rate schedule regarding timely execution

of a contract tendered by KMLP in order for a Shipper to have

continued service beyond the maximum time specified for timely

contract execution. If the Releasing Shipper has already submitted a

nomination on a Day under the Agreement being released, and if the

Replacement Agreement covering the released capacity is effective

that same Day, the Releasing Shipper may incur overrun charges if his

nomination exceeds the reduced contractual parameters under the

original Agreement resulting from the release (i.e., if the Releasing

Shipper fails to reduce its nomination, or does not adequately reduce

its nomination, at the first opportunity the Replacement Shipper has

to nominate).

 

(e) Gas nominations for transportation pursuant to

released capacity are subject to the provisions of Section 6 of these

General Terms and Conditions. Gas nominations by a Shipper utilizing

released capacity awarded by KMLP shall constitute Shipper's binding

acceptance of the terms and conditions of the capacity award by KMLP

pursuant to this Section 14, including KMLP's standard form of

Agreement covering the Rate Schedule applicable to the released

capacity and the terms and conditions of the Qualified Bid and the

Capacity Release Request, in accordance with KMLP's Tariff.

 

(f) Subject to the other provisions in this Section 14,

in the event that there is no Qualified Bidder or Prearranged Shipper

for posted Eligible Firm Transportation Agreement capacity during an

open season, no capacity release will be awarded and the Releasing

Shipper shall retain the capacity sought to be released.

 

14.10 BID EVALUATION PROCEDURE

 

(a) Unless specifically requested otherwise by a

Releasing Shipper in its Capacity Release Request, Qualified Bids for

released capacity shall be evaluated pursuant to Sections 14.10(b)

through 14.10(g) below. Any Qualified Bid which does not meet a

minimum price condition stated in the Capacity Release Request