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. 205 Original Sheet No. 205
GENERAL TERMS AND CONDITIONS
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(c) If a Replacement Shipper or Subreplacement Shipper
does not make payment to KMLP of the reservation portion of the
charges due as set forth in its Released Firm Transportation
Agreement, KMLP shall bill the Releasing Shipper(s) from whom such
Replacement or Subreplacement Shipper received the capacity for the
amount(s) due, including all applicable late charges authorized by
KMLP's Tariff, and such amount shall be paid by such Releasing Shipper
within ten (10) days of the receipt of such billing, or interest shall
continue to accrue. In the event that the Replacement or
Subreplacement Shipper has not paid such amount(s) due by the end of
such ten (10) day period, then: (1) the Releasing Shipper has the
right to recall the capacity; and (2) KMLP's rights against the
delinquent Replacement/Subreplacement Shipper shall be subrogated to
the related rights of the Releasing Shipper. KMLP shall make a
reasonable effort to collect from the Replacement/ Subreplacement
Shipper the amount(s) due. Such reasonable effort shall not include
incurring costs from outside attorneys, collection agents or other
third parties.
(d) All payments received from a Replacement or
Subreplacement Shipper shall first be applied to reservation charges,
then to late charges on reservation charges, then to scheduling
charges and cashout amounts, then to late charges not on the
reservation charges, and then last to commodity-based charges. Except
as may otherwise be provided pursuant to Section 30.4 of these General
Terms and Conditions, payments by Replacement or Subreplacement
Shippers in excess of the total amount(s) due for the Released Firm
Transportation Agreement capacity shall be a credit applied to any
outstanding balance owed under any contract with KMLP, or a refund if
requested in writing and no such outstanding balance exists.
(e) REFUNDS DUE UNDER RELEASES GREATER THAN ONE (1) YEAR
If KMLP is obligated to refund any amounts
attributable to reservation charges for capacity which has been
released under releases greater than one (1) year, KMLP shall make the
applicable refund to the Replacement Shipper to the extent that KMLP
has actually received reservation charge amounts from the Replacement
Shipper in excess of the amounts assessable under the revised maximum
reservation charge rates (which amounts are credited to the account of
the Releasing Shipper under Section 14.13(d) above). Except as may
otherwise be provided pursuant to Section 30.4 of these General Terms
and Conditions, KMLP shall make a corresponding adjustment to the
capacity release credit provided to the Releasing Shipper, and may
reflect the reduced capacity release credit in a lower refund or
adjusted billings to the Releasing