Mississippi River Transmission Corp.

Original Volume No. 1-A

Effective Date: 11/01/1990, Docket: RP89-248-008, Status: Effective

Third Revised Sheet No. 57 Third Revised Sheet No. 57 : Effective

Superseding: Second Revised Sheet No. 57

TRANSPORTATION

GENERAL TERMS AND CONDITIONS

(Continued)

10. NOMINATIONS, BALANCING AND CHARGES FOR IMBALANCES OR UNAUTHORIZED

TENDERS OR TAKES (Continued)

adverse claims by any party. Transporter's assessment of the

penalty shall be deemed to eliminate the associated imbalance.

For the purposes of notification and corrective action only,

imbalances for any month that become apparent after the time for

notice has expired shall be considered as an imbalance for the

month following the month in which the imbalance became apparent.

(15) working days after the end of each month, Transporter will

notify Shipper in writing if for said month Shipper has taken or

has caused to be taken from Transporter quantities which exceed

by more than five (5) percent the quantities received by

Transporter, less fuel use and loss. In the event Shipper and

Transporter fail to agree in writing upon the appropriate

corrective action to bring such under-deliveries into balance

within forty-five (45) days after notification, and/or Shipper

fails to fully carry out the corrective action in the manner and

time frame agreed upon by the parties, a penalty may be imposed.

The penalty shall be the dollar equivalent of two times

Transporter's Rate Schedule CD-1 Commodity Charge multiplied by

the remaining net balance of under-deliveries which exist as of

forty-five (45) days after Transporter's notification to Shipper.

Payment of the assessed penalty shall be deemed to eliminate the

associated imbalance. For the purposes of notification and

corrective action only, imbalances for any month that become

apparent after the time for notice has expired shall be

considered as an imbalance for the month following the month in

which the imbalance became apparent.

(d) Final Balancing: If an imbalance exists at the

expiration of a Transportation Service Agreement, Transporter

shall notify Shipper in writing of such imbalance and Transporter

and Shipper shall cooperate to eliminate the imbalance. If

Shipper still owes Transporter gas forty-five (45) days after

notification by Transporter of the imbalance, Shipper shall