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. 184 Original Sheet No. 184
GENERAL TERMS AND CONDITIONS
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(c) At any time after a Shipper is determined to be non-
creditworthy by MEP, the Shipper may initiate a creditworthiness re-
evaluation by MEP. As part of the Shipper's re-evaluation request,
the Shipper must either update or confirm in writing the prior
information provided to MEP related to the Shipper's
creditworthiness. Such update should include any event(s) that the
Shipper believes could lead to a material change in the Shipper's
creditworthiness. Such reevaluation shall be performed consistent
with Section 12.1(a) of these General Terms and Conditions. After
MEP's receipt of such a request for credit reevaluation including all
required information under this Tariff for evaluation of credit, MEP
shall provide a written response to Shipper within five (5) Business
Days. Such written response should include either a determination of
creditworthiness status, clearly stating the reason(s) for MEP's
decision, or an explanation supporting a future date by which a
reevaluation determination will be made. In no event should such
reevaluation determination exceed twenty (20) Business Days from the
date of the receipt of Shipper's Request unless specified in this
tariff or if the parties mutually agree to some later date. If MEP
determines that Shipper is now creditworthy without security, any
security requirements under Section 12.1(b) of these General Terms
and Conditions shall be terminated and any prepayment amounts
(including any applicable interest) released to Shipper from escrow
within five (5) Business Days after such determination.
(d) In addition to suspension, MEP may terminate service
if the Shipper fails to provide adequate assurance of future
performance consistent with Section 12.1(b) of these General Terms
and Conditions. Any such termination requires thirty (30) days' prior
notice to Shipper and to the Commission. To avoid termination, the
Shipper must satisfy Section 12.1(b) of these General Terms and
Conditions within this notice period. Such notice may be given
simultaneously with the notice provided for in Section 12.2(a)(1) of
these General Terms and Conditions. If the contract is terminated,
MEP shall net and/or set off, as allowed by law, all positions
calculated in accordance with the provisions of the applicable Rate
Schedule (i.e., invoiced transportation amounts, invoiced imbalance
amounts, park and loans, rate refunds, etc.) prior to settling
outstanding account balances with the Shipper. MEP shall have the
right to assert any liens or other interests, consistent with
applicable law, against any gas remaining on its system.