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. 75 Original Sheet No. 75

 

RATE SCHEDULE IBS

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Shipper shall not pay any charge associated with IBS Payback except

to the extent transportation charges under the linked transportation

Agreement are required to satisfy the prior sentence. Any ACA or

other generally applicable surcharges shall also be assessed under

such linked transportation Agreement and no additional such charges

shall be assessed under Rate Schedule IBS.

 

5.4 (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 IBS, including both the level and

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

this Rate Schedule IBS. MEP agrees that Shipper may protest or

contest the aforementioned filings, or may seek authorization from

duly constituted regulatory authorities for such adjustment of MEP's

existing FERC Gas Tariff as may be found necessary to assure that its

provisions are just and reasonable.

 

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

Commission 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,

subject to any contrary provision of the IBS Agreement or a separate

discount agreement or Negotiated Rate or Negotiated Rate Formula

agreement, be increased to the highest such rate. 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 Commission or any other governmental

authority having jurisdiction in the premises requires MEP to charge

a lower rate for balancing service hereunder, the rate shall be

decreased to such reduced rate.

 

5.5 MEP may from time to time and at any time, upon twenty-

four (24) hours verbal or written notice, subject to any provisions

on discounting in the IBS Agreement or in a separate discount

agreement or Negotiated Rate or Negotiated Rate Formula Agreement,

charge any individual Shipper for service under this Rate Schedule

IBS a rate which is lower than the applicable maximum rate set forth

in this Tariff; provided, however, that such rate charged may not be

less than the applicable minimum rate for service under Rate Schedule

IBS set forth in this Tariff. MEP will confirm any verbal notice of

the applicable rate in writing. Such notification shall specifically