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. 142 Original Sheet No. 142

 

GENERAL TERMS AND CONDITIONS

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(i) With respect to the timely nomination/

confirmation process at any Point, in the absence of agreement to the

contrary, the lesser of the confirmation quantities will be the

confirmed quantity. If there is no response to a Request For

Confirmation or an unsolicited Confirmation Response, the lesser of

the confirmation quantity or the previously scheduled quantity will

be the new confirmed quantity.

 

(ii) With respect to the processing of requests

for increases during the Intra-Day nomination/confirmation process,

in the absence of agreement to the contrary, the lesser of the

confirmation quantities will be the new confirmed quantity. If there

is no response to a Request For Confirmation or an unsolicited

Confirmation Response, the previously scheduled quantity will be the

new confirmed quantity.

 

(iii) With respect to the processing of requests

for decreases during the Intra-Day nomination/confirmation process,

in the absence of agreement to the contrary, the lesser of the

confirmation quantities will be the new confirmed quantity, but in

any event no less than the elapsed-prorated-scheduled quantity. If

there is no response to a Request For Confirmation or an unsolicited

Confirmation Response, the greater of the confirmation quantity or

the elapsed-prorated-scheduled quantity will be the new confirmed

quantity. Elapsed-prorated-scheduled quantity means that portion of

the scheduled quantity that would have theoretically flowed up to the

effective time of the Intra-Day nomination being confirmed, based

upon a cumulative uniform hourly quantity for each nomination period

affected.

 

(iv) With respect to Sections 6.4(c)(i), (ii),

and (iii), if there is no response to a Request For Confirmation or

an unsolicited Confirmation Response, MEP will provide the Shipper

with the following information to explain why the nomination failed,

as applicable;

 

(1) the Service Requester's Transportation

Service Provider did not conduct the confirmation;

 

(2) the Service Requester is told by its

Transportation Service Provider that the upstream confirming party

did not conduct the confirmation;