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. 266 Original Sheet No. 266
GENERAL TERMS AND CONDITIONS
Interactive Website before 4:00 p.m. Central Time or otherwise will
endeavor to notify Shippers via its Interactive Website by 4:00 p.m.
Central Time that they should check MEP's Interactive Website again
at a specified later time to see whether an Operational Flow Order
will be in effect for the next Day. Additionally, if Shipper has
provided to MEP the e-mail address as specified in NAESB Standard
5.3.35, such posting will be provided via e-mail in the format as
defined in NAESB Standard 5.3.38 at least four (4) hours prior to the
start of the Day before an Operational Flow Order will be effective
as to a Shipper; provided, however, that MEP may issue an Operational
Flow Order on as little as one (1) hours notice where operationally
necessary. Such notice shall specify the anticipated duration of the
Operational Flow Order. An Operational Flow Order will be effective
at the start of a Day and will continue until the end of the Day and
through the end of successive Days until MEP notifies Shippers on its
Interactive Website that the Operational Flow Order has been lifted.
(d) (1) If any Shipper fails to comply with an
Operational Flow Order during any period which is not a Critical
Time, it shall be subject to a penalty of 2 X DIP times any volume of
Gas by which it deviated from the requirements of the Operational
Flow Order; provided, however, that the penalty shall be 4 X DIP to
the extent a Shipper exceeds a variance level stated in an
Operational Flow Order. In assessing any penalty hereunder, MEP shall
apply the DIP applicable to the period(s) during which the violation
occurred. A Shipper shall be exempt from such a penalty under this
Section 31.6 to the extent the Operational Flow Order requires action
beyond Shipper's contract limits under its Agreement with MEP or if
Shipper has complied within a reasonable range, which range will be
specified in the Operational Flow Order.
(2) In taking action based on an Operational
Flow Order, Shipper is entitled to rely on information (such as
metering information) provided by MEP.
(3) A Shipper shall not be subject to
Unauthorized Gas charges from MEP with respect to any action taken in
reasonable conformance with an Operational Flow Order issued by MEP
during a Critical or non-Critical Time.
(e) Within thirty (30) days after an Operational Flow
Order has been lifted, MEP will post on the Informational Posting
portion of its Interactive Website a report which describes the
specific operational factors which caused the Operational Flow Order
to be issued and to be lifted.