MidContinent Express Pipeline LLC

Original Volume No. 1

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

Original Sheet No. 33 Original Sheet No. 33

RATE SCHEDULE ITS

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3. VALID REQUESTS

3.1 A request for service under this Rate Schedule ITS shall

be valid as of the date received if it complies with this Section and

contains adequate information on all of the items specified in

Section 3.2, subject to any necessary verification of such

information and to the following:

(a) A request shall not be valid and MEP shall not be

required to grant any such request: (1) which would require the

construction, modification, expansion, or acquisition of any

facilities; provided, however, that MEP may agree on a basis not

unduly discriminatory to construct, modify, expand, or acquire

facilities to enable it to perform such services; (2) unless and

until Shipper has provided MEP with the information required in

Section 3.2 hereof; (3) if MEP determines, based on the credit

analysis referenced in Section 3.2(d), that Shipper does not possess

sufficient financial stability to make it reasonably likely the

service provided hereunder will be paid for on a timely basis; (4) if

the service requested would not comply with this Rate Schedule ITS;

or (5) if the service requested is at less than the applicable

maximum rate; provided, however, that MEP may agree to provide

service hereunder at a discount or at a Negotiated Rate or under a

Negotiated Rate Formula, consistent with this Rate Schedule ITS and

the applicable General Terms and Conditions of this Tariff. Nothing

herein is intended to govern the scheduling or curtailment of service

once a request for service has been granted pursuant to this Section

and while an ITS Agreement is in effect. Such scheduling and/or

curtailment are governed by the General Terms and Conditions of this

Tariff.

(b) Any request must be complete and comply with this

Rate Schedule ITS. MEP shall promptly notify Shipper if it cannot

satisfy an otherwise valid request, in whole or in part, due to any

of the reasons set out in Section 3.1(a) or if the request is

incomplete or does not comply with this Rate Schedule ITS. If a

request is not complete, MEP shall inform Shipper in writing of the

specific items needed to complete the ITS Agreement, after which

Shipper shall have fifteen (15) days to provide the specified

information. In the event such information is not received by MEP

within fifteen (15) days, Shipper's request shall be null and void.