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