Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

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

First Revised Sheet No. 49 First Revised Sheet No. 49

Superseding: Original Sheet No. 49

 

(c) The date on which Customer is notified that any facilities

necessary to provide the requested service are ready for

service; or

 

(d) The date on which any necessary governmental approvals or

authorizations are received and accepted by the appropriate

party.

 

3.4 Customer's Service Agreement shall be terminated if, after

commencement of initial service, Customer fails to nominate or

tender Gas within thirty (30) Days after notice by Pipeline of its

intent to terminate Customer's Service Agreement by reason of

failure of Customer to transport Gas for a six (6) Month

consecutive period.

 

3.5 Customer's failure to schedule transportation shall be excused by

an event of force majeure, as defined in Section 13 of the General

Terms and Conditions; provided, however, such failure to schedule

transportation shall be excused only for the duration of the force

majeure event.

 

4. RATE

 

4.1 The rate for interruptible transportation service provided under

this Rate Schedule shall be the amount negotiated by Pipeline and

Customer, which shall not be more than the maximum, nor less than

the minimum for this Rate Schedule as set forth on currently

effective Tariff Sheet No. 4A.

 

4.2 (a) For all services that utilize a Receipt or Delivery Point on

Pipeline's mainline system (other than services from

Receipt/Delivery Points on the T-32 lateral or other

offsystem laterals), Pipeline shall have the right to retain

one and one-half percent (1.5%) of the quantities of Gas

delivered to Pipeline for Fuel Reimbursement. Any change in

such fuel rate shall be made effective only at the beginning

of a Month.

 

(b) For those services involving T-32 Receipt/Delivery Points,

Pipeline shall have the right to retain, from the quantities

of Gas delivered to Pipeline, a Fuel Reimbursement

percentage applicable to service on the T-32 lateral ("T-32

Fuel Reimbursement") equal to the actual fuel and

unaccounted for on the T-32 lateral. Until changed in a

filing accepted by the FERC, the T-32 Fuel Reimbursement

percentage will be zero. Any change in such fuel rate shall

be made effective only at the beginning of a Month.

 

(c) For those services involving Receipt and Delivery Points

located entirely on laterals not contiguous to Pipeline's

mainline system, Pipeline shall not retain any Gas as Fuel

Reimbursement.