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. 210 Original Sheet No. 210

 

GENERAL TERMS AND CONDITIONS

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(6) Agreement that the Qualified Bidder is bound

by the terms and conditions of the capacity award by MEP pursuant to

this Section 14 to the Qualified Bidder, including MEP's standard

form of Agreement covering the Rate Schedule applicable to the

released capacity and the terms and conditions of the Qualified Bid

and the Capacity Release Request, in accordance with MEP's Tariff.

 

(b) The volume in a Qualified Bid may not be less than

the minimum volume required for an Eligible Firm Transportation

Agreement under MEP's Tariff. Neither the volume nor the release term

specified in a Qualified Bid may exceed the maximum volume or term

specified in a Capacity Release Request, unless the Capacity Release

Request specifically allows otherwise. A Qualified Bidder must accept

all the terms and conditions of a Capacity Release Request submitted

under Section 14.4 (involving a Prearranged Release) except for the

level of the reservation charge and the MDQ and/or Point MDQ, unless

the Capacity Release Request specifically allows otherwise.

 

(c) Except as provided herein, for releases for a term

of more than one (1) year, a Qualified Bidder may not bid rates which

would exceed MEP's maximum reservation charge applicable to the

Eligible Firm Transportation Agreement capacity. If the Releasing

Shipper is paying a Negotiated Rate or a rate under a Negotiated Rate

Formula pursuant to Section 30 of these General Terms and Conditions,

a Qualified Bidder may not bid a rate which exceeds the higher of:

(i) the rate under the Negotiated Rate or Negotiated Rate Formula in

the Releasing Shipper's contract; or (ii) the applicable Recourse

Rate. The maximum Qualified Bid reservation charge includes all

demand surcharges, including all direct-billed charges which are or

may become applicable to the Eligible Firm Transportation Agreement

capacity. Notwithstanding the foregoing, a release of Leased

Capacity may not be at a rate which exceeds the Leased Capacity

Charges in effect from time to time.

 

(d) All Qualified Bids shall provide for payment of

maximum commodity charges under MEP's Tariff for the capacity bid, as

well as all other applicable add-on charges and surcharges under

MEP's Tariff, such as, but not limited to, ACA, Fuel Gas and

Unaccounted For Gas.