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

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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.