Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

 Contents / Previous / Next / Main Tariff Index

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

First Revised Sheet No. 173 First Revised Sheet No. 173

Superseding: Original Sheet No. 173

Section 17, Pipeline is authorized to collect only a single

penalty equal to the highest applicable penalty.

17.2 A Customer's failure to comply with an Operational Flow Order

issued pursuant to Paragraph 5.9 and/or Section 14 herein shall

subject such Customer to a Daily Scheduling Charge as provided for

in Paragraph 5.9(b) hereof.

17.3 A Customer's failure to comply with Pipeline's curtailment plan as

set forth in Section 6 herein shall subject such Customer to a

penalty in the amount of ten dollars ($10.00) per MMBtu based upon

Customer's variance from Pipeline's curtailment plan.

17.4 Reserved for future use.

17.5 To the extent that quantities of Gas delivered from Pipeline's

system pursuant to Rate Schedule NNS exceed Customer's NNS MDQ,

Customer shall be subject to a penalty in an amount equal to twice

the maximum rate for service provided pursuant to Rate Schedule

ITS, as set forth on Tariff Sheet No. 4A per MMBtu for deliveries

in excess of Customer's NNS MDQ.

17.6 A Customer whose actions result in the need for Pipeline to divert

Gas from another Customer pursuant to Paragraph 5.5 herein shall

be subject to a penalty in an amount equal to the maximum rate for

service provided pursuant to Rate Schedule ITS, as set forth on

Tariff Sheet No. 4A, per MMBtu based upon the quantity of Gas

diverted.

17.7 A Customer's failure to comply with a notice issued by Pipeline

pursuant to Section 5.2 herein, instructing Customer to restrict

receipts or deliveries of Gas to enable Pipeline to maintain

physical and operational control of its system, shall subject such

Customer to a penalty in an amount equal to the maximum rate for

service provided pursuant to Rate Schedule ITS, as set forth on

Tariff Sheet No. 4A, per MMBtu based upon Customer's variance from

Pipeline's notice.