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. 74 Original Sheet No. 74





(c) For any volumes of service provided hereunder in

excess of Shipper's maximum daily access volume as determined under

Section 6(a) hereof, or any IBS Balance in excess of the maximum

allowed cumulative IBS Balance under Section 6(f), Shipper shall pay

either an authorized overrun rate, or an unauthorized gas charge

consistent with Section 8 of this Rate Schedule.


(d) Where a Shipper has agreed to pay a Negotiated

Rate or a rate under a Negotiated Rate Formula, the rates assessed

hereunder shall be governed by Section 30 of the General Terms and

Conditions of this Tariff. A request for service at a Negotiated

Rate or a rate under a Negotiated Rate Formula shall specify the

Negotiated Rate or Negotiated Rate Formula on which the Shipper is

willing to agree.


5.2 (a) Unless otherwise agreed by contract, Shipper shall

reimburse MEP within thirty (30) days after costs have been incurred

by MEP for all fees required by the Commission or any regulatory body

including, but not limited to, filing, reporting, and application

fees, to the extent such fees are specifically related to service for

that Shipper hereunder and are not generally applicable fees.


(b) If MEP constructs, acquires or modifies any

facilities to perform service hereunder, then as specified in an

agreement between the parties either:


(1) Shipper shall reimburse MEP for the cost of

such facilities or facility modifications as described in the General

Terms and Conditions of this Tariff; or


(2) MEP shall assess a monthly charge reflecting

such facility costs.


5.3 Shipper shall pay any transportation charges associated

with effectuating the receipt or delivery of Gas hereunder pursuant

to the FTS or ITS Agreement to which Shipper's IBS Agreement is

linked, including any applicable Fuel Gas or Gas Lost and Unaccounted

For, in accordance with the terms of that separate linked

transportation Agreement. Shipper shall pay a transportation charge

and related Fuel Gas and Gas Lost and Unaccounted For once, but only

once, under the linked transportation Agreement associated with any

IBS Balance as defined in Section 6(b) of this Rate Schedule IBS.