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.