Midwestern Gas Transmission Company

Third Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

Effective Date: 02/01/2009, Docket: RP09-280-000, Status: Effective

Third Revised Sheet No. 264A Third Revised Sheet No. 264A

Superseding: Second Revised Sheet No. 264A

GENERAL TERMS AND CONDITIONS

21. CAPACITY RELEASE (Continued)

21.14 Further Conditions on Release of Transportation Rights (Continued)

(g) Company shall accept nominations, schedule service, afford priority of

service and curtail service based on instructions and communications from

the Releasing Shipper and the Replacement Shipper that are consistent with

one another and with the terms and conditions of Company's Tariff and

their respective service agreements. In the event that instructions or

nominations from the Releasing Shipper and Replacement Shipper are, in

Company's sole opinion, inconsistent or conflicting, Company shall use

reasonable efforts to contact the Releasing Shipper and Replacement

Shipper to resolve the conflicting communications. In the event Company

is unable to resolve the conflict prior to the time that it must take the

required action, Company shall comply with the instructions of the

Releasing Shipper; provided however that such instructions must not be

inconsistent with Company's Tariff or the terms of either the Releasing

Shipper's or Replacement Shipper's service agreement, in Company's sole

opinion. The Releasing Shipper will indemnify Company against any claim

or suit by the Replacement Shipper, its successors or assigns, arising

from any action taken by Company in reliance upon the Releasing Shipper's

nominations and instructions and will hold Company harmless for any action

taken by Company in reliance upon the nominations and scheduling

instructions of the Replacement Shipper. The Replacement Shipper will

indemnify Company against any claim or suit by the Releasing Shipper, its

successors or assigns, arising from any action taken by Company in

reliance upon the nominations and scheduling instructions of the

Replacement Shipper and will hold Company harmless for any actions taken

by Company in reliance upon the instructions of the Releasing Shipper.

(h) Except as provided in Subsection 21.14(i), in the event that the

Commission orders refunds of any rates charged by Company, Company shall

provide refunds to applicable Releasing Shipper(s), including Replacement

Shippers who acquired capacity under a permanent release, to the extent

such Shippers have paid a rate in excess of Company's applicable maximum

demand rates. Releasing Shipper shall bear the responsibility for

providing any refunds to the appropriate Replacement Shipper(s) who

acquired capacity under a temporary release.

(i) For releases not subject to the Maximum Rate, i.e., with a term of one

year or less and the release is to take effect on or before one year from

the date on which the Releasing Shipper notifies the Company of the

release, the rate paid by the Replacement Shipper will be deemed to be a

final rate and is not subject to refund.

21.15 Marketing of Capacity Release

Company shall have no obligation to market any capacity available to be

released by a Shipper. Company, however, may agree to market capacity for a

Releasing Shipper and may negotiate a fee with the Releasing Shipper for such

service.