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. 133 Original Sheet No. 133

 

GENERAL TERMS AND CONDITIONS

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2.6 UNAUTHORIZED GAS

 

No Shipper shall have any right to take Unauthorized

Gas at any Point. Unauthorized Gas is subject to the charges set out

in Section 9.2 of these General Terms and Conditions. To the extent

MEP is unable to accept Unauthorized Gas without jeopardizing the

safety of MEP's operations and/or its ability to meet its contractual

obligations to other Shippers, such decisions to be solely within the

judgment and discretion of MEP, MEP shall have the right to limit

deliveries at the Point, curtail receipts of Gas at Receipt Points

and/or to vent, without incurring any liability to Shipper, or any

third party, such Unauthorized Gas as it is unable to accept and/or

transport or take such other action as is necessary to manage the

System. However, MEP shall use its best efforts to avoid or minimize

such venting. If feasible, MEP will give prior notice to a Shipper

before venting its Gas, but is not required to do so if operational

considerations necessitate immediate venting. Volumes at Delivery

Points which can be accommodated under an OBA shall not be considered

Unauthorized Gas.

 

2.7 OTHER FACTORS

 

MEP's service obligation hereunder shall be subject to

Shipper providing nominations under Section 6 of these General Terms

and Conditions, to the confirmation of nominations by upstream and

downstream entities and to the circumstances identified in Section

2.2(d)(2) of these General Terms and Conditions.

 

2.8 DELINQUENCY IN PAYMENT

 

(a) Irrespective of any otherwise applicable priority,

MEP may suspend service to any Shipper which is delinquent in

payments under any Agreement, subject to the following conditions:

 

(1) MEP shall give Shipper written notice of the

delinquency and of MEP's intent to suspend service if the deficiency

is not cured. If the delinquency is not remedied within ten (10)

days of such notice, MEP may suspend service. MEP shall

simultaneously provide written notice to the Commission of any such

suspension.