MidContinent Express Pipeline LLC

Original Volume No. 1

Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective

Original Sheet No. 168 Original Sheet No. 168

GENERAL TERMS AND CONDITIONS

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(2) Bi-directional flow must be available at the

Delivery and/or Receipt Points involved.

(3) The third party provider(s) must have the

ability to get Gas onto or off of MEP's System in order to effectuate

a true physical balancing.

(4) The Shipper or third party provider(s) may

utilize services on another entity to perform imbalance management so

long as all conditions of this Section 10.7 are satisfied; provided,

however, that if any such entity is relying on facilities or

resources it does not own or control, the entity which does own or

control those facilities or resources must become a party to the

Third Party Balancing Agreement.

(e) If MEP is required to backstop the third party

service provider(s), either by agreement or because the imbalance

management services specified by the Third Party Balancing Agreement

are not performed, MEP must be authorized to assess charges and

penalties against Shipper, the third party provider(s), or both, and

the Third Party Balancing Agreement shall so provide.

(f) The Third Party Balancing Agreement will terminate

if the Shipper no longer has service on MEP under the Agreements

specified in the Third Party Balancing Agreement.

10.8 BALANCING SERVICE CHARGES

(a) During periods when a Critical Time or an

Operational Flow Order is not in effect, Balancing Service Charges

apply as set out in this subsection (a); provided that such charges

shall not apply to Leased Capacity.

(1) If the volumes allocated to any FTS or ITS

Agreement fail to equal the confirmed nomination under such Agreement

or if volumes allocated to any IBS or PALS Agreement are inconsistent

with confirmed nominations and/or available rights, as applicable,