Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

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

First Revised Sheet No. 176 First Revised Sheet No. 176

Superseding: Original Sheet No. 176

20. DULY CONSTITUTED AUTHORITIES

These General Terms and Conditions, the Rate Schedules to which they

apply, and any executed Service Agreement for service hereunder are

subject to valid laws, orders, rules, and regulations of duly

constituted authorities having jurisdiction.

21. DESCRIPTIVE HEADINGS

The descriptive headings of the provisions of this Tariff are formulated

and used for convenience only and shall not be deemed to affect the

meaning or construction of such provisions.

22. ANNUAL CHARGE ADJUSTMENT CLAUSE (ACA)

22.1 Annual charges are assessed against Gas pipelines by the Federal

Energy Regulatory Commission (FERC) under 18 C.F.R. Part 382 of

the Commission's Regulations prior to each fiscal year in order to

cover the cost of the operation of the FERC. For the purpose of

recovering annual charges assessed Pipeline by the FERC, this

Section 22 establishes, pursuant to Section 154.38(d)(6) of the

Commission's Regulations an ACA unit rate to be applicable to

quantities transported or sold under Pipeline's Rate Schedules

identified in Paragraph 22.2. This ACA unit rate is in addition

to any amounts otherwise payable to Pipeline under such Rate

Schedules. Pipeline does not intend to recover any annual charges

recorded in FERC Account No. 928 in a Section 4 rate case while

this Section 22 is in effect. Pipeline reserves the right to

cancel this Section 22 and elect the Section 4 rate case recovery

methodology at a future date.

22.2 The ACA unit rate shall be applicable to all Rate Schedules which

are part of this FERC Gas Tariff.

22.3 The Rate Schedules specified in Paragraph 22.2 shall include an

increment for an ACA for the fiscal year October 1 through

September 30 of the next succeeding year. Such increment shall