Markwest New Mexico, L. L. C.

Second Revised Volume No. 1

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Effective Date: 08/01/2008, Docket: RP08-409-000, Status: Effective

Original Sheet No. 133 Original Sheet No. 133 for 100% of Transporter's construction, acquisition and/or installation costs (including any associated tax effects), as defined below, for facilities required to effect the service requested by Shipper. Transporter may waive this requirement at its discretion, on a not unduly discriminatory basis. For the purposes of this section, Transporter's construction, acquisition, and/or installation costs shall include, but shall not be limited to: Transporter's design costs, equipment costs, labor costs, material costs, supervision costs, construction financing costs (including a return on equity), taxes (whether income or otherwise), filing fees, right of way costs and permitting costs. Nothing in this Section 17 shall require Transporter to file an application for a certificate of public convenience and necessity under section 7(c) of the Natural Gas Act, and nothing in this section shall prevent Transporter from contesting an application for service filed pursuant to section 7(a) of the Natural Gas Act. Transporter reserves the right to seek a waiver of the policy set forth herein, for good cause shown during any proceeding before the Commission instituted under section 7 of the Natural Gas Act.18. FERC ANNUAL CHARGE ADJUSTMENT Transporter shall adjust the rates charged for services as specified below from time to time to reflect the annual charge, if any, assessed Transporter by FERC (Annual Charge Adjustment on "ACA") pursuant to Order No. 472 or any other superseding or related rule or order. 18.1 Services subject to ACA shall include all Transportation services under Rate Schedules in Transporter's FERC Gas Tariff. 18.2 The effective ACA rates shall be shown on Transporter's effective Statement of Rates and Charges reflecting the current ACA amount under this section 18.