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

Second Revised Sheet No. 139 Second Revised Sheet No. 139

Superseding: Substitute First Revised Sheet No. 139

 

all damages, claims, suits, actions, or proceedings

whatsoever threatened or initiated as a result of a Customer

reverting back to Primary Point(s) of Receipt during a

Month.

 

(d) In the event capacity is constricted, Point(s) of Receipt

utilized by a Customer for transportation service pursuant

to Rate Schedules ITS or ITS-OSF is subject to interruption

by a Customer, including any Replacement Customer, receiving

transportation service pursuant to Rate Schedules FTS, FTS-

OSF or NNS who is seeking to utilize such point(s) as

Primary or Secondary Point(s) of Receipt.

 

8.2 Delivery Points

 

(a) When Customer, including any Replacement Customer, receiving

firm service pursuant to the Rate Schedules which are part

of this FERC Gas Tariff request such firm service, such

Customer is required to designate, among other information,

the Point(s) of Delivery out of Pipeline's system which the

Customer ordinarily anticipates utilizing (defined as

Primary Point(s) of Delivery) and the MDQ of Gas to be

tendered each Day by Pipeline at each Primary Point of

Delivery. The selection of Primary Point(s) of Delivery

under this Section 8 shall not result in the aggregate of

all Point(s) of Delivery exceeding Customer's total Service

Agreement MDQ. Customer, including any Replacement

Customer, shall be permitted to add or delete Primary

Point(s) of Delivery upon written request, provided capacity

is available at such point(s).

 

(b) A Customer (including a Replacement Customer) under

Pipeline's firm Rate Schedules may nominate segments between

a Primary Receipt and Delivery Point, or between any two

points on Pipeline's system, provided that any resulting

overlap does not exceed Customer's capacity entitlement on

any segment (or portion) of Pipeline's system. Provided,

however, that a segment transaction consisting of a forward

haul, up to Customer's capacity entitlement, and a backhaul,

up to Customer's capacity entitlement, to the same point is

permissible. The portion of that segmented transaction that

flows in the opposite direction of the Customer's primary

path will be considered out of the path for scheduling

purposes.

 

(c) In addition to the Primary Point(s) of Delivery available to

Customer pursuant to Paragraph 8.2(a), Customer, including

any Replacement Customer, receiving service pursuant to Rate

Schedule FTS shall be permitted to designate Point(s) of

Delivery secondary to those selected pursuant to Paragraph

8.2(a) (defined as Secondary Point(s) of Delivery). In

designating such Secondary Point(s) of Delivery, Customer

shall also designate the maximum MDQ of Gas which Customer

may tender at such point(s). When such