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.