Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

Effective Date: 06/01/2009, Docket: RP09-568-000, Status: Effective

First Revised Sheet No. 389 First Revised Sheet No. 389

Superseding: Original Sheet No. 389

GENERAL TERMS AND CONDITIONS (Continued)

51. NEGOTIATED RATES (Continued)

51.5 Impact on Scheduling and Interruption: For scheduling and

interruption purposes pursuant to Subsections 9.20, 9.21, 9.22 and

9.23 of these General Terms and Conditions, a Shipper paying a

negotiated rate which exceeds the Recourse Rate for such service shall

be treated as if the rate paid is equal to the Recourse Rate for such

service.

51.5.1 For scheduling and interruption purposes pursuant to

Subsections 9.20.4, 9.20.6, 9.21.4, 9.21.6, 9.22.4, 9.23.1 and

9.23.3 of these General Terms and Conditions, where the

negotiated rate is less than the Recourse Rate, the negotiated

rate shall be evaluated based on such lower rate and shall be

afforded a correspondingly lower priority than higher bids,

including bids at the Recourse Rate.

51.6 Impact on Alternate Receipt and Delivery Points: A shipper

paying a negotiated rate who utilizes alternate points pursuant to

Subsection 12.6 of these General Terms and Conditions shall pay the

higher of the negotiated rate or the Recourse Rate, unless otherwise

mutually agreed by the parties in writing.

51.7 Transporter will separately account for negotiated rate

transactions so that these transactions can be independently

identified in future rate proceedings. Additionally, transactions

that originate as discounted Part 284 service and are subsequently

converted to negotiated rate agreements will be recorded separately

from those transactions originated as negotiated rate agreements.

52. NEGOTIATED GATHERING RATES

52.1 Purpose: This Section 52 allows Transporter and Gathering

Shipper to negotiate a rate for gathering service under non-

jurisdictional gathering agreements. The rate or rates to be charged

may be negotiated in form and/or level from the maximum-to-minimum

ranges set forth on the Notice of Currently Effective Rates of this

Tariff.

52.2 Conditions: Implementation of a negotiated gathering rate

shall be subject to the following conditions:

52.2.1 Gathering Shipper had access to the Recourse Rate at

the time of the execution of the non-jurisdictional gathering

agreement implementing negotiated rates. The Recourse Rate will

not be available to either party during the term of a negotiated

rate non-jurisdictional gathering agreement, except upon mutual

agreement.