MidContinent Express Pipeline LLC

Original Volume No. 1

Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective

Original Sheet No. 137 Original Sheet No. 137

GENERAL TERMS AND CONDITIONS

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5. NEW FACILITIES CHARGE

5.1 (a) With respect to new or expanded interconnection

facilities only (not including Preapproved Capacity facilities or

other facilities as agreed upon with Foundation Shippers), when such

new and/or expanded facilities are required to accommodate receipt

and/or delivery of Gas under a request for new or revised service,

and MEP determines that installation of such facilities will not

impair service to any existing Shipper or threaten the integrity of

MEP's System, MEP will construct such facilities but, unless

otherwise provided by contract, MEP shall require the requesting

Shipper to pay as the CIAC as defined in Section 1.9 of these General

Terms and Conditions, except that MEP will pay the cost of such

facilities when the criteria set forth in Section 5.2 are satisfied.

5.2 Notwithstanding Section 5.1, MEP may, but is not

obligated to, pay all or a portion of the cost of new or expanded

interconnection facilities; provided, however, that any agreement by

MEP to bear such costs must be on a basis which is not unduly

discriminatory.

5.3 Unless otherwise provided by contract, when MEP has

previously paid for Receipt or Delivery Point facilities under this

facilities reimbursement policy, the requesting Shipper shall,

nevertheless, promptly pay MEP for MEP's net book value of such

facilities when either of the following events occurs: (a) when

MEP's ability to fully recover such costs is denied in any rate

proceeding under Section 4 or Section 5 of the Natural Gas Act; or

(b) when Shipper ceases operations at the facilities.