Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

 Contents / Previous / Next / Main Tariff Index

Effective Date: 08/01/2009, Docket: RP09-808-000, Status: Effective

Original Sheet No. 195 Original Sheet No. 195

31.3 ACCOUNTING FOR COSTS AND REVENUES

The allocation of costs to, and the recording of revenues from service

at Negotiated Rate(s) or Negotiated Rate Formula will follow Pipeline's

normal practices associated with all of its services under this Tariff.

Pipeline will maintain separate records of Negotiated Rate and

Negotiated Rate Formula transactions for each billing period. These

records shall include the volumes transported, the billing determinants

(contract MDQ), the rates charged and the revenue received associated

with such transactions. Pipeline will separately identify such

transactions in Statements G, I and J (or their equivalent) filed in any

general rate proceeding.

31.4 EFFECT OF NEGOTIATED RATE

By agreeing to a Negotiated Rate or Negotiated Rate Formula, Customer

acknowledges that the otherwise generally applicable Recourse Rate shall

not apply or be available to Customer for service under the applicable

Service Agreement during the period for which the Negotiated Rate or

Negotiated Rate Formula is effective, notwithstanding any adjustment to

such Recourse Rate or Negotiated Rate Formula which may become effective

during the period for which the Negotiated Rate or Negotiated Rate

Formula is effective. If, at any time during the period for which the

Negotiated Rate or Negotiated Rate Formula is effective, Pipeline is

collecting its effective Recourse Rate subject to refund under Section 4

of the Natural Gas Act, Pipeline shall have no refund obligation to

Customer even if the final Recourse Rate is reduced to a level below the

Negotiated Rate or Negotiated Rate Formula.

31.5 CAPACITY RELEASE

The capacity release provisions contained within this FERC Gas Tariff

shall not apply to a Customer receiving firm transportation service with

a Negotiated Rate or Negotiated Rate Formula that does not contain a

reservation rate.