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. 150 Original Sheet No. 150

 

GENERAL TERMS AND CONDITIONS

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Shipper may segment by nomination any portion of the capacity it

retains to the extent operationally feasible and the Replacement

Shipper may segment by nomination any portion of the capacity it

obtains in the release to the extent operationally feasible.

 

(b) For the purposes of this Section 6.13 and subject

to the other provisions hereof, whether segmentation is through

nomination or results from the release of firm capacity on a

segmented basis, the primary path under an Agreement may be

segmented, and segmentation may extend outside the primary path to

the extent consistent with this Sections 6.13, except for Leased

Capacity, and such segmentation shall be deemed operationally

feasible unless:

 

(1) the segmentation would result in an increase

in firm contractual obligation by MEP on any segment or portion of

its system (through an overlap of segments); or

 

(2) the segmentation would result in a forward-

haul in a direction opposite to the primary path of the Agreement

being segmented [backhauls are addressed in (d) below].

 

(c) In the event a firm capacity path is segmented

under this Section 6.13, each segment shall have access to all

secondary points within either zone on MEP's System provided that any

portion of the primary path segment is within that zone, except for

Pooling Points, access to which is governed by Section 6.12 of these

General Terms and Conditions. Any point which is outside the primary

path for the segment shall be treated as out-of-path secondary in

relation to nominations for that segment. In the case of a segmented

release, if nominations result in an overlapping path, through

nomination at out-of-path secondary points, overrun charges for

volumes in excess of the MDQ under the original Agreement in the area

of overlap shall be applied as follows:

 

(1) if a Shipper is nominating or flowing within

the primary path under its segment, overrun shall not apply to that

segment so long as such Shipper is within its MDQ on that segment and

any overrun shall be assigned to the segment on which Shipper is

nominating and flowing outside its path; (ii) if a Shipper is

nominating or flowing in excess of its MDQ on a segment under the

segmented release, the Shipper shall be assessed overrun based on the