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. 203 Original Sheet No. 203

 

GENERAL TERMS AND CONDITIONS

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(f) In no event shall this Section 14.10 result in

winning Qualified Bids with a total volume in excess of the capacity

specified in the Capacity Release Request.

 

(g) The bid evaluation procedure set forth in this

Section 14.10 shall only consider Qualified Bids to the extent they

provide for an objectively quantifiable payment by the Qualified

Bidder. A Qualified Bid based on a percentage of KMLP's reservation

charge shall be evaluated by KMLP based solely on the maximum

reservation charge being charged by KMLP for such service as of the

end of the open season.

 

(h) If the Releasing Shipper selected a bid evaluation

procedure which is different from the procedure set forth in this

Section 14.10, which procedure must comply with Section 14.5, KMLP

shall determine the winning Qualified Bid(s) pursuant to the

Releasing Shipper's bid evaluation procedure in its Capacity Release

Request and computer diskette (if any) submitted by the Releasing

Shipper pursuant to Section 14.5(a).

 

14.11 CONFIRMATIONS; RELEASED FIRM TRANSPORTATION AGREEMENT

 

At the time the award of capacity under this Section

14 is posted, KMLP shall send the winning Qualified Bidder or the

Prearranged Shipper confirmation of the capacity release awarded to

such Qualified Bidder or Prearranged Shipper. Prior to KMLP awarding

capacity on a Prearranged Release, the Prearranged Shipper shall

confirm electronically the terms of the Prearranged Release.

 

14.12 COMPLETED TRANSACTIONS

 

By 5:00 p.m. Central Clock Time after capacity has been

awarded, KMLP shall post on the Informational Postings portion of

its Interactive Website the name(s) of the winning Qualified

Bidder(s), identification of the winning Qualified Bid(s) and any

minimum bid conditions held confidential during the open season. The

Releasing Shipper is responsible for reviewing the Qualified Bids to

ensure that the released capacity was correctly awarded. The

Releasing Shipper shall notify KMLP of any error in the award of

capacity within one Business Day after such posting on KMLP's

Interactive Website. In the event of an error, the capacity shall be

re-awarded by KMLP. As between KMLP and the Releasing Shipper,