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.