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. 72 Original Sheet No. 72

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

14. CREDITING AND PENALTY REVENUES

 

14.1. Amounts OFO and Imbalance Penalties

14.1.1. Amounts collected by Transporter as payment of OFO and Imbalance

penalties, pursuant to Sections 11 and 13 of the GT&C, net of any

resulting costs shall be credited to Eligible Shippers in the month

such penalties are invoiced.

 

14.1.2. For a given month, Eligible Shippers with regard to OFOs are

Shippers who complied with Transporter’s OFO.

 

14.1.3. For a given month, Eligible Shippers with regard to Imbalances are

Shippers who did not incur an Imbalance penalty.

 

15. NEGOTIATED RATES

 

15.1. Transporter and Shipper may agree to a rate under any Rate Schedule which

may deviate in either form or level or both from the applicable maximum

recourse rates set forth in the Statement of Rates and Charges in this

Tariff. If Transporter and Shipper do not agree to a negotiated rate, the

applicable recourse rates for that service will be available.

 

15.2. Filing Requirement - No later than the Business Day on which Transporter

commences service at a negotiated rate (or if the day on which Transporter

commences service is not a Business Day, then no later than the next

Business Day thereafter), Transporter will file either the FT or IT

Agreement or a tariff sheet stating the exact legal name of the Shipper, the

negotiated rate, the rate schedule, the receipt and delivery points, the

contract quantity, and, where applicable, the exact formula underlying a

negotiated rate for any FT or IT Agreement. (To the extent any

transportation agreement deviates in any material respect from the Form of

Service Agreement in the tariff for the applicable rate schedule, such

agreement will be filed with the Commission.)