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. 127 Original Sheet No. 127

 

GENERAL TERMS AND CONDITIONS

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(d) (1) As used in this subsection (d), Firm Daily

Volume shall mean the volume of gas which MEP is obligated to deliver

on a firm basis for Shipper at primary Delivery Point(s) under a firm

contract on a Day, based on nominations for firm service within firm

contract rights at such primary points which could be confirmed.

Except as provided in subsection (d)(2), in the event MEP fails to

deliver on any Day under any firm contract all of Shipper's Firm

Daily Volume for that Day, then the applicable Reservation Charges

and any related reservation-based surcharges shall be eliminated for

the quantity of gas not delivered by MEP within the Shipper's Firm

Daily Volume under the contract; provided, however, that these

charges shall not be eliminated to the extent that the Shipper uses

secondary point service.

 

(2) MEP shall not be obligated to adjust the

Reservation Charge and any related reservation-based surcharges under

any contract when MEP's failure to deliver on any Day at least 98% of

the Firm Daily Volume:

 

(i) is the result of the conduct of

Shipper or the downstream operator of the facilities at the Delivery

Point; or

 

(ii) occurs either (a) within ten (10) days

following a force majeure event as contemplated by Section 20 of the

General Terms and Conditions, or (b) prior to the date MEP has or

should have, in the exercise of due diligence, overcome the force

Majeure event, whichever occur first.

 

2.3 SCHEDULING OF SERVICES

 

(a) For the purposes of scheduling and curtailing

deliveries of Gas, firm service shall have priority over

interruptible service. Priority to use of capacity on MEP shall be in

accordance with the following priority, in descending order from

highest to lowest priority:

 

(1) Firm service at primary points and primary

paths (scheduled pro rata based on MDQ);