MidContinent Express Pipeline LLC

Original Volume No. 1

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Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective

Original Sheet No. 22 Original Sheet No. 22







3.1 A request for service under this Rate Schedule FTS shall

be valid as of the date received if it complies with this Section

3.1 and contains adequate information on all of the items specified

in Section 3.2, subject to any necessary verification of such

information and to the following:


(a) Subject to Section 2.7, a request shall not be

valid and MEP shall not be required to grant any such request: (1)

for which adequate capacity is not available on any portion of MEP's

System necessary to provide such service; (2) as to which MEP does

not have the operational capability to effect receipt,

transportation and/or delivery on a firm basis consistent with the

terms and conditions of this Rate Schedule FTS; (3) which would

require the construction, modification, expansion, or acquisition of

any facilities; provided, however, that MEP may agree on a basis not

unduly discriminatory to construct, modify, expand, or acquire

facilities to enable it to perform such services; (4) unless and

until Shipper has provided MEP with the information required in

Section 3.2 hereof; (5) if MEP determines, based on the credit

analysis referenced in Section 3.2(f), that Shipper does not possess

sufficient financial stability to make it reasonably likely the

service provided hereunder will be paid for on a timely basis; (6)

if the service requested would not comply with this Rate Schedule

FTS; or (7) if the service requested is at less than the applicable

maximum rate; provided, however, that MEP may agree to provide

service hereunder at a discount or at a Negotiated Rate or under a

Negotiated Rate Formula, consistent with this Rate Schedule FTS and

the applicable General Terms and Conditions of this Tariff. Nothing

herein is intended to govern the scheduling or curtailment of

service once a request for service has been granted pursuant to this

Section and while an FTS Agreement is in effect. Such scheduling

and/or curtailment are governed by the General Terms and Conditions

of this Tariff.


(b) Any request must be complete and comply with this

Rate Schedule FTS. MEP shall promptly notify Shipper if it cannot

satisfy an otherwise valid request, in whole or in part, due to lack

of capacity or System capability or if the request is incomplete or