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. 245 Original Sheet No. 245
GENERAL TERMS AND CONDITIONS
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30. NEGOTIATED RATES
30.1 PRECONDITIONS TO NEGOTIATED RATES
Rates to be charged by KMLP for service to any Shipper
under Rate Schedule FTS or ITS may deviate in either form or level or
both from the applicable maximum rate level in this Tariff, subject
to the following provisions:
(a) KMLP and Shipper have executed a valid Agreement
containing therein or in a related agreement a specific mutual
understanding that Negotiated Rate(s) or a Negotiated Rate Formula
will apply to service for that Shipper;
(b) At the time of execution of the Agreement (or the
amendment to an Agreement), which first provides for the
applicability to Shipper of the Negotiated Rate(s) or Negotiated Rate
Formula, service was available pursuant to the terms and conditions
(not modified by this Section 30) of Rate Schedule FTS or ITS of this
Tariff, as applicable; and
(c) No later than the Business Day on which KMLP
commences service at such Negotiated Rate(s) or Negotiated Rate
Formula (or if the Day on which KMLP commences service is not a
Business Day, then no later than the next Business Day after KMLP
commences service), KMLP will file a tariff sheet advising the
Commission of such Negotiated Rate or Negotiated Rate Formula,
stating the name of Shipper, the type of service, the Receipt and
Delivery Point(s) applicable to the service, the volume of the Gas to
be transported, any other charges, the beginning and ending dates of
the contract term and specifying either: (i) the specific Negotiated
Rate included in such Agreement; or (ii) the Negotiated Rate Formula
included in such Agreement with sufficient specificity such that the
rate in effect from time to time can be readily calculated. The
tariff sheet must also incorporate a statement that the Agreement
does not deviate from the form of service agreement in any material
respect. As an alternative to filing the tariff sheet, KMLP may file
the contract setting out the Negotiated Rate or Negotiated Rate
Formula.