Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

Effective Date: 10/01/2009, Docket: RP09-980-000, Status: Effective

First Revised Sheet No. 21 First Revised Sheet No. 21

Superseding: Original Sheet No. 21

1.4 Unless otherwise agreed to by Pipeline and subject to Section 10

of the General Terms and Conditions of this FERC Gas Tariff,

service under this Rate Schedule shall not be available to the

extent that Pipeline would be required to construct, modify,

expand or acquire any facilities to enable Pipeline to perform the

requested services; provided, however, if Customer requests and

Pipeline, on a non-discriminatory basis, elects to construct such

facilities, Customer shall, at Pipeline's request, reimburse

Pipeline for all costs and associated fees, licenses and other

expenses incurred by Pipeline for the construction, modification,

expansion or acquisition of facilities to enable Pipeline to

perform the requested services.

1.5 Availability of service hereunder shall be subject to compliance

by the party requesting service with all other provisions of this

Rate Schedule NNS and the General Terms and Conditions of this

FERC Gas Tariff.

2. APPLICABILITY AND CHARACTER OF SERVICE

2.1 (a) Service hereunder shall entitle Customer to receive

quantities in excess of its nomination(s) under a firm

transportation Rate Schedule up to Customer's no-notice MDQ.

This service shall consist of the