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. 171 Second Revised Sheet No. 171

Superseding: Substitute First Revised Sheet No. 171

 

(f) A Pre-determined Allocation (PDA) may not be used to

allocate Gas to a nominatable transaction that was not

identified in the nomination or confirmation process, as

applicable, absent prior mutual agreement among the

Confirming Parties and the party being allocated to in such

transaction. In the event of a conflict between this

standard and Midla's existing Tariff or general terms and

conditions, the latter will prevail.

 

(g) Any PDA submitted by or for Customer shall be effective for

the term specified in such PDA, provided that such term may

not cover a period of less than one Day or longer than one

Month; provided, further, any PDA may not extend beyond the

end of any calendar Month.

 

16.3 The types of allocation methodologies is a list from which two

parties may agree. In the event that the allocation information

is not provided in accordance with Paragraph 16.2 for any Point(s)

of Receipt or Delivery, or if an allocation is provided but is not

in full compliance with the provision set forth in Paragraph 16.2,

or if the two parties cannot agree upon an allocation methodology,

the actual quantities measured at such Point(s) shall be allocated

among Customers on a pro rata basis according to scheduled

quantities. The party responsible for custody transfer (the party

performing the measurement function) should provide the

allocation.

 

16.4 Any allocation submitted in accordance with the provisions set

forth in this Section 16 shall be binding as to Pipeline and as to

each and every allocated entity at such Point(s) of Receipt or

Point(s) of Delivery on such Day. Dispute of any allocation

provided by Pipeline shall be made within six (6) Months of the

date of the initial Month-end allocation. Pipeline shall have

three (3) Months to respond to such dispute. Pipeline shall not

be liable to any Customer or third party as a result of Pipeline's

reliance on any allocation in accordance with the provisions set

forth in this Section 16.

 

16.5 In the event of the occurrence of operational constraints, as set

forth in Section 6 hereof, the curtailment and/or ranking

procedures set forth therein shall have precedence over the

allocation procedures provided for in Paragraphs 16.2 and 16.3 of

this Section 16.