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. 304 Original Sheet No. 304
EXHIBIT A
DATED ............
(CONTINUED)
agreement was executed subsequently exceeds the applicable maximum rate due to a change in
KMLP's maximum rates so that such rate component must be adjusted downward to equal the
new applicable maximum rate, then other rate components may be adjusted upward to achieve
the agreed overall rate, so long as none of the resulting rate components exceed the
maximum rate applicable to that rate component. Such changes to rate components shall be
applied prospectively, commencing with the date a Commission order accepts revised tariff
sheets. However, nothing contained herein shall be construed to alter a refund obligation
under applicable law for any period during which rates which had been charged under a
discount agreement exceeded rates which ultimately are found to be just and reasonable.
If the parties agree upon a rate other than the applicable maximum rate, such written
Agreement shall specify that the parties mutually agree either: (1) that the agreed rate
is a discount rate; or (2) that the agreed rate is a Negotiated Rate (or Negotiated Rate
Formula). In the event that the parties agree upon a Negotiated Rate or Negotiated Rate
Formula, this Agreement shall be subject to Section 30 of the General Terms and Conditions
of KMLP's Tariff.
Unaccounted For Gas, Line Heater Gas and Fuel Gas Percentages (%)
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Shipper will be assessed the applicable percentages for Unaccounted For Gas,
for Line Heater Gas, and for Fuel Gas (if applicable and subject to compression being
installed) unless KMLP and Shipper mutually agree on monetary reimbursement. Upon initial
startup and until such time as compression may be added, the KMLP System will not include
any compression, so that KMLP will not incur or assess any Fuel Gas.