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. 151 Original Sheet No. 151

 

GENERAL TERMS AND CONDITIONS

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volume in excess of its MDQ; and (iii) where the Shipper on each

segment is within its MDQ, but is nominating on a secondary out-of-

path basis so as to create an overlap in nominated paths, and

aggregate nomination by the Releasing and Replacement Shipper in the

area of overlap are in excess of the original contract MDQ, then

except as provided in (i) and (ii), overrun charges will be assessed

to the Releasing Shipper unless the release specifies that such

overrun charges are to be assessed to the Replacement Shipper.

 

(d) The direction of flow for path segments must be

the same direction of flow as for the original path unless MEP agrees

otherwise or unless such a change in direction of flow is consistent

with the Agreement. A Shipper may segment a backhaul if such

backhaul can be nominated and scheduled on any day on MEP's system.

However, if Shipper desires assurance that it may segment a backhaul

transaction for a longer period (beyond the current Gas Day), such

segmentation shall be subject to review by MEP on a case-by-case

basis as to whether a backhaul on each resulting segment is

operationally feasible. The Shipper (or Replacement Shipper in the

case of a release) may nominate service at Receipt and Delivery

Points for the path segment that results in a reverse flow from the

original path; however, such a nomination will be treated as being

secondary outside of the path. Subject to the availability of point

capacity and to ordinary nomination procedures, deliveries may be

made at the same point for a forward haul on the upstream segment and

a backhaul of the downstream segment and such nominations will not

create a Point overrun so long as nominations in either direction do

not exceed the MDQ. The forward haul will have priority at the Point

if the Point capacity is not adequate. At the point of segmentation,

deliveries may be nominated on the upstream segment up to MDQ and

receipts may be nominated on the downstream segment up to MDQ,

subject to constraints on Point capacity and ordinary scheduling

procedures and priorities.

 

(e) (1) Subject to the remainder of this subsection

6.13(e), the Releasing and Replacement Shipper involved in a

segmented release may each choose primary Receipt Points and primary

Delivery Points equal to their respective contract MDQs after the

release; provided, however, that the primary Points chosen are not on

the Leased Capacity and that the resulting segments may not overlap

in a way that exceeds the MDQ of the original contract on a segment.

If the points chosen are within the path of the original Agreement

and do not involve changing a primary point thereunder, the point

designations shall be accepted, subject only to the availability of

firm capacity at those points and agreement on the rate applicable at