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.