MidContinent Express Pipeline LLC

Original Volume No. 1

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Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective

Original Sheet No. 27 Original Sheet No. 27

 

RATE SCHEDULE FTS

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5.5 (a) Unless otherwise provided by contract, MEP shall

have the unilateral right to file with any appropriate regulatory

authority and make changes effective in: (1) the rates and charges

applicable under this Rate Schedule FTS, including both the level

and design of such rates and charges; or (2) the terms and

conditions of this Rate Schedule FTS, including the applicable

General Terms and Conditions.

 

(b) If, at any time and from time to time, the FERC or

any other governmental authority having jurisdiction in the premises

allows or permits MEP to collect, or to negotiate to collect, a

higher rate for the service hereunder, the rate shall be increased

to the highest such rate unless the FTS Agreement or a separate

discount, Negotiated Rate or Negotiated Rate Formula agreement

provides that the rate established in such an agreement shall not be

subject to such modification or increase. Should additional

documentation be required in order for MEP to collect such highest

rate, Shipper shall execute or provide such documentation within

fifteen (15) days after a written request by MEP. If, at any time

and from time to time, the FERC or any other governmental authority

having jurisdiction in the premises requires MEP to charge a lower

rate for transportation service hereunder, the rate shall be

decreased to such reduced rate except as otherwise agreed under

Section 5.1(b) of this Rate Schedule and Section 30 of the General

Terms and Conditions of this Tariff (as to Negotiated Rate or

Negotiated Rate Formula agreements).

 

5.6 MEP may, consistent with any provisions on discounting in

the FTS Agreement or in a separate discount, Negotiated Rate or

Negotiated Rate Formula agreement, charge any individual Shipper for

service under this Rate Schedule FTS a rate which is lower than the

applicable maximum rate set forth in this Tariff; provided, however,

that such rate may not be less than the applicable minimum rate for

service under Rate Schedule FTS set forth in this Tariff except as

otherwise provided in Section 30 of the General Terms and Conditions

of this Tariff (as to Negotiated Rate or Negotiated Rate Formula

agreements). MEP shall file with the Commission any and all reports

as required by the Commission's Regulations with respect to the

institution or discontinuance of any discount.