Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

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

Original Sheet No. 390 Original Sheet No. 390

GENERAL TERMS AND CONDITIONS (Continued)

52. NEGOTIATED GATHERING RATES

52.2.2 Transporter has filed a tariff sheet advising FERC of

such agreement. The numbered tariff sheet will state the exact

legal name of the Gathering Shipper, the negotiated rate, other

applicable charges, the receipt and delivery points, and the

volume of gas to be gathered. The tariff sheet will also

include a statement affirming that the applicable non-

jurisdictional gathering agreement was negotiated in a non-

discriminatory manner.

52.2.3 Negotiated rate Gathering Shippers are additionally

subject to all applicable surcharges and any applicable fuel

reimbursement charges.

52.3 Impact on Capacity Allocation: For capacity allocation

purposes, a Gathering Shipper paying a negotiated rate which exceeds

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

Recourse Rate for such service. Any Gathering Shipper, existing or

new, paying the Recourse Rate has the same right to capacity as a

Gathering Shipper willing to pay a higher negotiated rate. 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.

52.4 Impact on Scheduling and Interruption: For scheduling and

interruption purposes, a Gathering 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.

52.5 Transporter will separately account for negotiated gathering

rate transactions so that these transactions can be independently

identified in future rate proceedings. Additionally, transactions that

originated as discounted non-jurisdictional gathering agreements and

which are subsequently converted to negotiated rate agreements will be

recorded separately from those transactions originated as negotiated

rate agreements.