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. 118 Original Sheet No. 118
GENERAL TERMS AND CONDITIONS
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(i) MEP may award such firm capacity in response
to request(s) for firm service in writing or on its Interactive
Website which conform to the requirements in the applicable rate
schedule for valid requests (including meeting credit criteria). A
request may be unsolicited or pre-negotiated, but no communication
will be considered a request hereunder unless it constitutes a valid
request for service consistent with the applicable rate schedule and
has been submitted in writing or via MEP's Interactive Website.
(ii) A request for firm capacity will be binding
on the entity requesting firm capacity for two (2) Business Days or
until the request is accepted or rejected by MEP, whichever is
earlier. MEP shall respond to any request for firm capacity within
two (2) Business Days. Unless granted by MEP, all requests submitted
are void effective the earlier of the time when MEP rejects the
request or two (2) Business Days after the request is submitted. MEP
cannot grant any request which has become void, but a request
becoming void hereunder is without prejudice to any future request by
that Shipper or any other Shipper.
(iii) The rate form under a request may be either
the basic rate design then in effect on MEP's System or a Negotiated
Rate or Negotiated Rate Formula rate form.
(iv) MEP is not obligated to award firm capacity
based on a request at less than the applicable maximum rate, but any
capacity award must be consistent with Section 2.1(c) of these
General Terms and Conditions if there are competing valid requests
pending. For purposes of applying the evaluation criteria in Section
2.1(c) of these General Terms and Conditions, only pending valid
requests which have not become void under (ii) are considered to be
competing.
(v) Requests shall not be accepted or valid as
to any firm capacity which is subject to an Initial Open Season or an
Additional Open Season during any period between the posting of that
open season and the award of capacity (or the decision not to award
capacity) under that open season.
(3) ADDITIONAL OPEN SEASON PROCEDURE
(i) If available firm capacity has not been
awarded in the Initial Open Season, MEP may at any time elect to hold
an Additional Open Season for that capacity.