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. 39 Original Sheet No. 39

 

RATE SCHEDULE ITS

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(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 ITS 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 a 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 ITS Agreement or in a separate discount, Negotiated Rate or

Negotiated Rate Formula agreement, charge any individual Shipper

for service under this Rate Schedule ITS 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 ITS 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.