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. 254 Original Sheet No. 254
GENERAL TERMS AND CONDITIONS
Interactive Website before 4:00 p.m. Central Time or otherwise will
endeavor to notify Shippers via its Interactive Website by 4:00 p.m.
Central Time that they should check KMLP's Interactive Website again
at a specified later time to see whether an Operational Flow Order
will be in effect for the next Day. Additionally, if Shipper has
provided to KMLP the e-mail address as specified in NAESB Standard
5.3.35, such posting will be provided via e-mail in the format as
defined in NAESB Standard 5.3.38 at least four (4) hours prior to the
start of the Day before an Operational Flow Order will be effective as
to a Shipper; provided, however, that KMLP may issue an Operational
Flow Order on as little as one (1) hours notice where operationally
necessary. Such notice shall specify the anticipated duration of the
Operational Flow Order. An Operational Flow Order will be effective at
the start of a Day and will continue until the end of the Day and
through the end of successive Days until KMLP notifies Shippers on its
Interactive Website that the Operational Flow Order has been lifted.
(d) (1) If any Shipper fails to comply with an
Operational Flow Order during any period which is not a Critical Time,
it shall be subject to a penalty of 2 X DIP times any volume of Gas by
which it deviated from the requirements of the Operational Flow Order;
provided, however, that the penalty shall be 4 X DIP to the extent a
Shipper exceeds a variance level stated in an Operational Flow Order.
In assessing any penalty hereunder, KMLP shall apply the DIP
applicable to the period(s) during which the violation occurred. A
Shipper shall be exempt from such a penalty under this Section 31.6 to
the extent the Operational Flow Order requires action beyond Shipper's
contract limits under its Agreement with KMLP or if Shipper has
complied within a reasonable range, which range will be specified in
the Operational Flow Order.
(2) In taking action based on an Operational Flow
Order, Shipper is entitled to rely on information (such as metering
information) provided by KMLP.
(3) A Shipper shall not be subject to Unauthorized
Gas charges from KMLP with respect to any action taken in reasonable
conformance with an Operational Flow Order issued by KMLP during a
Critical or non-Critical Time.
(e) Within thirty (30) days after an Operational Flow
Order has been lifted, KMLP will post on the Informational Posting
portion of its Interactive Website a report which describes the
specific operational factors which caused the Operational Flow Order
to be issued and to be lifted.