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. 204 Original Sheet No. 204

 

GENERAL TERMS AND CONDITIONS

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the Releasing Shipper shall indemnify and hold KMLP harmless as to

any costs, damages or expenses relating to the bid evaluation

procedure for which timely notice of an error was not provided to

KMLP by the Releasing Shipper hereunder, except in circumstances

where the error results from KMLP has not having satisfied the

standard of care in Section 24 of these General Terms and

Conditions. KMLP shall correct an error in a timely fashion after

receiving notice of such error from the Releasing Shipper or another

person.

 

14.13 BILLING

 

(a) KMLP shall bill the Replacement Shippers and the

Subreplacement Shippers the rate(s) specified in the Released

Firm Transportation Agreements and any other applicable charges and

each such Replacement Shipper and Subreplacement Shipper shall pay

the billed amounts directly to KMLP. KMLP shall not be responsible

for billing the Replacement Shipper for any amounts attributable to

gas purchase or gas inventory volumes tied to a transportation or

storage capacity release. Such charges shall be between the

Releasing Shipper and Replacement Shipper. KMLP shall have the

right to discount the commodity rates under the Released Firm

Transportation Agreement. KMLP will support volumetric releases with

volumetric commitments by fully accounting for volumetric and

reservation components, consistent with the rules and regulations of

the Federal Energy Regulatory Commission.

 

(b) A Releasing Shipper shall be billed the reservation

charge associated with the entire amount of released capacity

pursuant to its contract rate, which includes all non-commodity

based charges under KMLP's Tariff for such released capacity

including but not limited to additional direct-bill charges, with a

concurrent conditional credit for payment of the reservation charge

due from the Replacement or Subreplacement Shipper(s), as

applicable, which received the released capacity. Releasing Shipper

shall also be billed a marketing fee, if applicable, pursuant to the

provisions of Section 15 of these General Terms and Conditions. As

to any capacity released by a Releasing Shipper, the Releasing

Shipper shall not be billed or be responsible for: (1) commodity

charges; (2) scheduling charges or cashouts of imbalances; and (3)

add-on charges and surcharges applicable to KMLP's commodity rates

under KMLP's Tariff such as ACA, Fuel Gas (if applicable, subject to

compression being installed), Unaccounted For Gas and Line Heater

Gas, which are incurred by a Replacement Shipper or Subreplacement

Shipper which received the released capacity.