American Midstream (Midla), LLC

Sixth Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-483-000, Status: Effective

Original Sheet No. 171 Original Sheet No. 171

 

(f) A Pre-determined Allocation (PDA) may not be used to allocate Gas to a

nominatable transaction that was not identified in the nomination or confirmation process,

as applicable, absent prior mutual agreement among the Confirming Parties and the

party being allocated to in such transaction. In the event of a conflict between this

standard and Midla's existing Tariff or general terms and conditions, the latter will prevail.

 

(g) Any PDA submitted by or for Customer shall be effective for the term specified in

such PDA, provided that such term may not cover a period of less than one Day or

longer than one Month; provided, further, any PDA may not extend beyond the end of

any calendar Month.

 

16.3 The types of allocation methodologies are a list from which two parties may

agree. In the event that the allocation information is not provided in accordance with

Paragraph 16.2 for any Point(s) of Receipt or Delivery, or if an allocation is provided but

is not in full compliance with the provision set forth in Paragraph 16.2, or if the two parties

cannot agree upon an allocation methodology, the actual quantities measured at such

Point(s) shall be allocated among Customers on a pro rata basis according to scheduled

quantities. The party responsible for custody transfer (the party performing the

measurement function) should provide the allocation.

 

16.4 Any allocation submitted in accordance with the provisions set forth in this Section

16 shall be binding as to Pipeline and as to each and every allocated entity at such

Point(s) of Receipt or Point(s) of Delivery on such Day. Dispute of any allocation

provided by Pipeline shall be made within six (6) Months of the date of the initial Month-

end allocation. Pipeline shall have three (3) Months to respond to such dispute. Pipeline

shall not be liable to any Customer or third party as a result of Pipeline's reliance on any

allocation in accordance with the provisions set forth in this Section 16.

 

16.5 In the event of the occurrence of operational constraints, as set forth in Section 6

hereof, the curtailment and/or ranking procedures set forth therein shall have precedence

over the allocation procedures provided for in Paragraphs 16.2 and 16.3 of this Section

16.