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. 84 Original Sheet No. 84

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

22.2.14. The terms Releasing Shipper imposes may not conflict with any

provision of the FT Agreement, Rate Schedule or GT&C. In the event

of such conflict, Transporter may withdraw the Shipper Notice from

posting.

 

22.3. Exceptions to Bidding

 

22.3.1. At Shipper’s option, a Shipper Notice for a release of thirty-one

(31) days or less with a designated PRS, a release of capacity for

more than one year at the maximum tariff rate, a release to an asset

manager (as defined by FERC regulations at 18 C.F.R. §284.8(h)(3)),

or releases to a marketer participating in a state-regulated retail

access program (as defined by FERC regulations at 18 C.F.R.

§284.8(h)(4)) shall be exempt from the advance posting and bidding

process set forth in this section. However, the Releasing Shipper

must provide the terms of such releases to Transporter for

informational posting purposes at the time of the release. When a

capacity release for thirty-one (31) days or less is exempt from the

posting and bidding requirements, a Releasing Shipper may not

roll-over or extend the release unless it complies with the posting

and bidding requirements of this section, and may not re-release to

the same PRS until twenty-eight (28) days after the first release

period has ended, except in the event the release is to an asset

manager or a marketer as defined at 18 C.F.R. §284.8(h), the PRS is

bidding the Maximum Rate or is bidding on a second release under a

different FT Agreement.

 

22.3.2. In the event Releasing Shipper presents a PRS that is on the

approved bidders list, and such PRS agrees to pay the applicable

Maximum Rate and agrees to all other conditions of the release prior

to the submission of the Shipper Notice to Transporter, the released

capacity will be assigned to the PRS and such Shipper Notice shall

be exempt from the bidding process in accordance with this section.

The PRS will be posted as the winning bidder in accordance with this

section.