MarkWest Pioneer, L.L.C.

Original Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-321-000, Status: Effective

Original Sheet No. 50 Original Sheet No. 50

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

a) No Requests for service will be processed until Shipper has

provided to Transporter a completed Service Request Form,

including information regarding any specific affiliation

with Transporter. All completed Service Request Forms must

be sent by U.S. Postal Service, by express mail, by courier,

or by facsimile, to:

 

MarkWest Pioneer, L.L.C.

1515 Arapahoe Street

Tower 2, Suite 700

Denver, CO 80202-2126

Phone: (303)925-9200

Facsimile: (303)290-8769

 

6.3. If Transporter determines that it has available capacity which will support

additional firm services, then Transporter will post the availability of

such capacity and make such capacity available for firm service(s).

Transporter may conduct an Open Season for such capacity. An Open Season

shall be the period of time during which Transporter will receive bids for

the available capacity and such period of time shall be posted. The posting

of an Open Season shall not preclude Transporter from negotiating with any

potential shippers regarding the available capacity.

 

6.4. If requests for firm service exceed available capacity, then capacity will

be allocated based (1) on highest bid, or (2) pro rata among equal bids.

Highest bid will be based on the highest economic value of the bids, using a

net present value (“NPV”) determination. The NPV determination will be

based on the volume, rate and term specified in the bids. In posting the

availability of capacity pursuant to Section 6.3, Transporter may identify

any other factors that may be considered in evaluating bids for a particular

capacity offering. Transporter may also consider any operational conditions

or limitations affecting the bids or the availability of the capacity.

 

6.5. Shipper must certify that all necessary upstream and downstream arrangements

will be in place on the date the service is to commence and that the Shipper

will have title or the right to acquire title to the Gas to be delivered to

Transporter;