Midwestern Gas Transmission Company

Third Revised Volume No. 1

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Effective Date: 01/07/2008, Docket: RP08- 49-000, Status: Effective

Second Revised Sheet No. 53 Second Revised Sheet No. 53 : Pending

Superseding: First Revised Sheet No. 53






5. RATES AND CHARGES (Continued)


5.4 Incidental Charges


Company shall charge Shipper an amount to reimburse Company for any filing or

similar fees that have not been previously paid by Shipper, that Company incurs

in establishing or rendering service. Company shall not use the amounts so

collected as either costs or revenues in establishing its general system rates.


5.5 Authorized Overrun Charge


If Shipper, upon receiving the advance approval of Company, should on any day

take under this Rate Schedule a quantity of natural gas in excess of Shipper's

Transportation Quantity under Shipper's FT-A Agreement, then such excess

quantity shall constitute authorized overrun quantities. All Shipper requests

for Authorized Overruns must be nominated through the System. If Company has

complete and unrestricted control of gas deliveries to Shipper, then Shipper

shall be deemed to have received the advanced approval of Company for such

excess takes. For all authorized overrun quantities, Shipper shall pay Company

the Maximum Daily Demand Rate and the Commodity Rate for this Rate Schedule

shown on the effective Summary of Rates and Charges multiplied by the excess

quantities delivered to Shipper, unless the parties mutually agree otherwise.


5.6 Imbalance Charge


If Shipper tenders or takes gas at a point not covered by an Operational

Balancing Agreement, Company shall charge Shipper any applicable charges

provided in Rate Schedules LMS-MA or LMS-PA, as applicable and Subsection 3.9

of the General Terms and Conditions specified in Company's FERC Gas Tariff.


5.7 Out of Mainline Charge


The applicable charge for utilizing Receipt Point(s) and/or Delivery Point(s)

outside of the Mainline shall be the Rate Schedule IT - Eastern Mainline

Maximum Rate, unless Company and Shipper mutually agree to another rate, for

the portion of the scheduled nomination that is outside of the Mainline.


5.8 Notwithstanding any provision of Company's effective FERC Gas Tariff to the

contrary, Company and Shipper may mutually agree in writing to rates, rate

components, charges or credits for service under this Rate Schedule that differ

from those rates, rate components, charges or credits that are otherwise

prescribed, required, established or imposed by this Rate Schedule or by any

other applicable provision of Company's effective FERC Gas Tariff. If Company

agrees to such differing rates, rate components, charges or credits

("Negotiated Rates"), then the Negotiated Rate(s) shall be effective only for

the period agreed upon by Company. During such period, the Negotiated Rate

shall govern and apply to the Shipper's service and the otherwise applicable

rate, rate component, charge or credit which the parties have agreed to replace

with the Negotiated Rate, shall not apply to, or be available to, the Shipper.

At the end of such period, the otherwise applicable maximum rates or charges

shall govern the service provided to Shipper. Only those rates, rate

components, charges or credits identified by Company and Shipper in writing as

being superseded by a Negotiated Rate shall be ineffective during the period

that the Negotiated Rate is effective; all other rates, rate components,

charges or credits prescribed, required, established or imposed by this Rate

Schedule or Company's FERC Gas Tariff shall remain in effect. Company shall

make any filings at the FERC necessary to effectuate a Negotiated Rate.