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.