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. 67 Original Sheet No. 67







3.1 A request for service under this Rate Schedule IBS shall

be valid as of the date received if it complies with this Section 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) A request shall not be valid and MEP shall not be

required to grant any such request: (i) which would require the

construction, modification, expansion, or acquisition of any

facilities; provided, however, that MEP may agree in its reasonable

discretion to construct, modify, expand, or acquire facilities to

enable it to perform such services: (ii) unless and until Shipper has

provided MEP with the information required in Section 3.2 hereof;

(iii) if MEP determines, based on the credit analysis referenced in

Section 3.2(e) hereof, that Shipper lacks the financial stability to

make it reasonably likely the service provided hereunder will be paid

for on a timely basis; (iv) if the service requested would not comply

with this Rate Schedule IBS; or (v) 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 consistent with

this Rate Schedule IBS. Nothing herein is intended to govern the

scheduling and curtailment of service once a request for service has

been granted pursuant to this Section and while an IBS Agreement is

in effect. Such matters are governed by Section 6(b) of this Rate

Schedule IBS and the General Terms and Conditions of this Tariff.


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

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

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

of the reasons set out in Section 3.1(a) or if the request is

incomplete or does not comply with this Rate Schedule IBS. If a

request is not complete, MEP shall inform Shipper in writing of the

specific items needed to complete the IBS Agreement, after which

Shipper shall have fifteen (15) days to provide the specified

information. In the event such information is not received by MEP

within fifteen (15) days, Shipper's request shall be null and void.