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. 204 Original Sheet No. 204

 

GENERAL TERMS AND CONDITIONS

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(k) Whether the release is a Prearranged Asset Manager

Release as defined in Section 14.2(g)(i) hereof, and the Asset

Manager's obligation to deliver gas to, or purchase gas from, the

Releasing Shipper;

 

(l) Whether the release is a Prearranged Release to a

Marketer Participating in a State-Regulated Retail Access Program, as

defined in Section 14. 2(g)(ii) hereof; and

 

(m) Any other applicable conditions (which must

conform with Section 14.5), including any minimum price condition and

whether the Releasing Shipper wishes to apply a bid evaluation

procedure different than the bid evaluation procedure set forth in

Section 14.10 for evaluating Qualified Bids for its capacity rights,

and if so, all the factors to be used in evaluating Qualified Bids,

including how its capacity rights are to be awarded in the event of a

tie for the highest valued Qualified Bid and whether the Releasing

Shipper has presubmitted a computer diskette for such bid evaluation

procedure pursuant to Section 14.5(a).

 

14.5 CAPACITY RELEASE REQUIREMENTS

 

(a) All terms and conditions relating to a release

which is the subject of a Capacity Release Request: (1) must be

nondiscriminatory and applicable to all potential bidders; (2) must

be made available to MEP for posting; (3) must relate solely to the

details of acquiring or maintaining the transportation capacity

rights on MEP, which are the subject of the release; and (4) must not

place any obligations or burdens on MEP in addition to the terms and

conditions applicable to a capacity release under this Section 14

which are specified in MEP's Tariff. Any bid evaluation procedure

elected by a Releasing Shipper different from MEP's bid evaluation

procedure set forth in Sections 14.10(b) through 14.10(e) must be

objective, nondiscriminatory in all circumstances and contain a

complete description of the bid evaluation procedure for posting on

the Public Information portion of MEP's Interactive Website. MEP may

require the Releasing Shipper to submit a working computer program to

MEP in diskette form which is compatible with MEP's Interactive

website computer which will enable MEP to make such alternative bid

evaluation entirely through MEP's Interactive Website, prior to the

time any alternative bid evaluation procedure is requested, if such

bid evaluation procedure is not based on (1) highest rate; (2) net

revenue; or (3) present value as determined in Sections 14.10(b)(1)