MidContinent Express Pipeline LLC

Original Volume No. 1

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

Original Sheet No. 268 Original Sheet No. 268

GENERAL TERMS AND CONDITIONS

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least four (4) hours prior to the start of the Day before a Critical

Time will be effective as to a Shipper. Such notice shall specify the

anticipated duration of the Critical Time. A Critical Time 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 via its Interactive Website that there is no longer a

Critical Time.

(d) MEP may issue Operational Flow Orders as described

in Section 31.6 during a Critical Time.

(e) The penalty for failure to abide by an Operational

Flow Order issued during a Critical Time shall be equal to the volume

(in Dth) by which Shipper deviated from the requirement of the

Operational Flow Order multiplied by 8 X DIP. In assessing any

penalty hereunder, MEP shall apply the DIP index applicable to the

period(s) during which the violation occurred.

31.8 STANDARDS

(a) In issuing Operational Flow Orders or taking other

operational control action under this Section, MEP shall apply

consistent and objective engineering and operational criteria to

define the overall operational integrity of the System and acceptable

pressure levels to be protected, to evaluate the imminent nature of

any threat to these factors, and to determine what steps are

necessary to preserve such factors. Such criteria may be changed

from time to time as operating experience indicates.

(b) In applying this Section, MEP shall operate its

System on a non-discriminatory manner, without regard to the source

of supply, the identity or nature of any Shipper or the identity of

any entity tendering or receiving Gas except as otherwise explicitly

provided herein.