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. 270 Original Sheet No. 270

GENERAL TERMS AND CONDITIONS

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

33. CAPACITY ON OTHER ENTITIES

33.1 ACQUIRED CAPACITY

(a) MEP may from time to time enter into

transportation agreements with upstream or downstream entities,

including other interstate pipelines, intrastate pipelines, or local

distribution companies (Acquired Capacity). MEP may use Acquired

Capacity for its System operational needs and/or to render service

to its customers. Except as provided in subsection (b), MEP states

that, if it transports Gas for others using Acquired Capacity, it

will apply to such services the same rates and tariffs as are

applicable to on-system customers, as such rates and tariffs may

change from time to time. For purposes of any use of Acquired

Capacity covered by this Section 33(a), the "Shipper must hold

title" requirement is waived.

(b) Nothing herein shall be read to preclude MEP from

filing with the Commission for different tariff provisions

applicable to any service which MEP provides using Acquired

Capacity; provided, however, that the waiver of the "Shipper must

hold title" requirement hereunder shall not apply in such a

circumstance and MEP will be required to seek a case-specific waiver

of that requirement from the Commission.

33.2 REQUESTED CAPACITY

(a) At the request of a Shipper or Shippers, MEP may

enter into transportation or storage agreements with upstream or

downstream entities, including other interstate pipelines,

intrastate pipelines or local distribution companies for the benefit

of the requesting Shipper(s) (Requested Capacity). MEP may pass on

the requesting Shipper(s) any and all charges MEP is obligated to

pay for Requested Capacity under such agreements, with such charges

to be reflected on the next Monthly bill to the requesting

Shipper(s).

(b) The understanding between MEP and the requesting

Shipper(s) as to such capacity will be set out in a separate

contract.

33.3 LEASED CAPACITY

Nothing in this Section 33 shall be read to govern or

relate to Leased Capacity.