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.