MidContinent Express Pipeline LLC

Original Volume No. 1

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

Original Sheet No. 170 Original Sheet No. 170

GENERAL TERMS AND CONDITIONS

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Variance Charge

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0% to 3% No additional charges

3% to 10% Greater of $1.00/Dth or 50% of DIP

10% to 20% Greater of $2.00/Dth or 1 times DIP

20% to 50% Greater of $4.00/Dth or 2 times DIP

Above 50% Greater of $8.00/Dth or 4 times DIP

actual receipts or actual deliveries allocated to Shipper at any

point or under any Agreement do not conform to confirmed nominated

volumes and rights applicable to such point or Agreement, Balancing

Service Charges will be assessed for the variances that are to the

detriment of MEP's system; provided, however, that such charges do

not apply with respect to Leased Capacity. Charges hereunder shall

be in lieu of any otherwise applicable Balancing Service Charges

under subsections (a) and (b). The Balancing Service Charges in

effect during a Critical Time will be as follows:

Variance Charge

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0% to 3% Greater of $4.00/Dth or 2 times DIP

3% to 10% Greater of $12.00/Dth or 6 times DIP

10% to 20% Greater of $40.00/Dth or 20 times DIP

20% to 50% Greater of $80.00/Dth or 40 times DIP

Above 50% Greater of $200.00/Dth or 100 times DIP

Any imbalance created during a Critical Time that is not eliminated

before the end of the month will be subject to the cashout provisions

of Section 10.4; provided, however, that any remaining imbalance

created during a Critical Time which helped the System will be cashed

out at 100% of the OAMIP or UAMIP used for calculating Underage or

Overage Imbalances, as applicable, for the Operational Impact Area in

which the imbalance occurred.

(d) MEP may discount or waive any charges under this

Section 10.8 on a basis which is not unduly discriminatory.