Mississippi River Transmission Corp.

Original Volume No. 1-A

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

2 Sub Third Rev. Sheet No. 58 2 Sub Third Rev. Sheet No. 58 : Effective

Superseding: Second Revised Sheet No. 58

TRANSPORTATION

GENERAL TERMS AND CONDITIONS

(Continued)

10. NOMINATIONS, BALANCING AND CHARGES FOR IMBALANCES OR UNAUTHORIZED

TENDERS OR TAKES (Continued)

compensate Transporter for the MMBtu imbalance at two times its

Rate Schedule CD-1 Commodity rate. If forty-five (45) days after

notification of the imbalance, Shipper is owed gas by Transporter,

which Transporter has tendered for delivery and which Shipper has

not accepted, Transporter shall be entitled to retain said MMBtu's

at no cost to Transporter and free and clear of any adverse claims

by any party.

10.4 Nothing in this Section 10 shall limit Transporter's right

to take actions as may be required to adjust receipts and deliveries

of gas in order to alleviate conditions which threaten the integrity

of Transporter's system, including maintenance of service to its other

customers.

10.5 In the event that Shipper delivers, causes to be delivered

or fails to deliver volumes of gas for the account of Transporter at

the Receipt Point(s) which causes a third party pipeline to assess a

penalty or other charge against Transporter for an imbalance or

unauthorized tender of gas under a transportation agreement between

Transporter and such third party pipeline, then Shipper agrees to

reimburse Transporter for any and all such penalties and charges

incurred by Transporter.

10.6 If Shipper fails within forty-eight (48) hours or such

lesser period of time which may be required to protect the integrity

of Transporter's system to comply with any interruption order of

Transporter in accordance with the applicable rate schedule or

Transportation Service Agreement, Shipper shall pay Transporter a

penalty of $5.00 per MMBtu for all tenders or takes which are in

excess of or deficient by more than 10% of the quantities specified in

the interruption order. Transporter shall specify such quantities to

be interrupted in its order. Transporter shall impose penalties under

this subsection only if Shipper's actions cause or contribute to

Transporter's inability to provide full services to Transporter's

other customers.

10.7 Any charges which may be assessed Shipper pursuant to the

terms of this Section 10 shall be subject to and billed in accordance

with the provisions of Section 6 of the Transportation General Terms

and Conditions.