MidContinent Express Pipeline LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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

Original Sheet No. 257 Original Sheet No. 257

 

GENERAL TERMS AND CONDITIONS

----------------------------

 

30. NEGOTIATED RATES

 

30.1 PRECONDITIONS TO NEGOTIATED RATES

 

Rates to be charged by MEP for service to any Shipper

under Rate Schedules FTS, ITS, PALS or IBS may deviate in either

form or level or both from the applicable maximum rate level in this

Tariff (and may include "favored nation" clauses as to rates),

subject to the following provisions:

 

(a) MEP and Shipper have executed a valid Agreement

containing therein or in a related agreement a specific mutual

understanding that Negotiated Rate(s) or a Negotiated Rate Formula

will apply to service for that Shipper;

 

(b) At the time of execution of the Agreement (or the

amendment to an Agreement), which first provides for the

applicability to Shipper of the Negotiated Rate(s) or Negotiated

Rate Formula, service was available pursuant to the terms and

conditions (not modified by this Section 30) of Rate Schedules FTS,

ITS, PALS or IBS of this Tariff, as applicable; and

 

(c) No later than the Business Day on which MEP

commences service at such Negotiated Rate(s) or Negotiated Rate

Formula (or if the Day on which MEP commences service is not a

Business Day, then no later than the next Business Day after MEP

commences service), MEP will file a tariff sheet advising the

Commission of such Negotiated Rate or Negotiated Rate Formula,

stating the name of Shipper, the type of service, the Receipt and

Delivery Point(s) applicable to the service, the volume of the Gas

to be transported, any other charges, and specifying either: (i)

the specific Negotiated Rate included in such Agreement; or (ii) the

Negotiated Rate Formula included in such Agreement with sufficient

specificity such that the rate in effect from time to time can be

readily calculated. The tariff sheet must also either incorporate a

statement that the Agreement does not deviate from the form of

service agreement in any material respect or the Agreement must be

reflected on a separate tariff sheet identifying non-confirming

Agreements of MEP. As an alternative to filing the tariff sheet, MEP

may file the contract setting out the Negotiated Rate or Negotiated

Rate Formula.