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.