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. 152 Original Sheet No. 152

 

GENERAL TERMS AND CONDITIONS

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the new primary points. If one or more points are within the

applicable zone but outside the path of the original Agreement, then

MEP's generally applicable point change procedures in Section 2.1(d)

of these General Terms and Conditions and the provisions of

subsection 6.13(e)(2) shall apply. Any primary point established

under this subsection 6.13(e) which was not a primary point under the

original Agreement and is not reflected in a point change which

affects the original Agreement, will have the same priority and

rights as any other primary point, but shall be a primary point only

until the term of the release ends or until that primary point is

changed by Shipper pursuant to the provisions of this Tariff, as

applicable. Such an additional primary point may not be designated

if a Shipper is releasing to itself. If firm capacity is not

available at the point or to the point, the Shipper may designate

such points (not overlapping with other segments) in defining a

segment, but the points shall have secondary point priority (either

in-path or out-of-path, as applicable).

 

(2) A Shipper, a Replacement Shipper or a

Subreplacement Shipper may change the primary Receipt or Delivery

Point(s) listed in the Agreement to new primary point(s) subject to

the point change provisions of Section 2.1(d) of these General Terms

and Conditions, if the Shipper (or in the case of a release, the

Original Shipper) and MEP agree to amend the Agreement to change the

primary Receipt and Delivery Point(s) accordingly; provided, however,

that the consent of the Original Shipper shall not be required in the

case of a permanent release by that Original Shipper of its firm

capacity. MEP shall not be obligated to reserve firm capacity to

reinstate the former primary point(s) upon expiration of the

segmentation or the capacity release.

 

(3) Where a Replacement Shipper selects a primary

point which is outside the primary path under the Releasing Shipper's

contract (and thus creates a new primary path at least partially

outside the original primary path), any recall by the Releasing

Shipper will be of capacity which contains the changed primary

points, not the Releasing Shipper's original primary points.