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. 84 Original Sheet No. 84







Upon request of Shipper, MEP may (but is not obligated to)

provide service hereunder in excess of Shipper's maximum daily access

volume under the IBS Agreement as determined under Section 6(a) hereof

or Shipper's maximum allowed cumulative IBS Balance as determined under

Section 6(e) hereof, in MEP's reasonable judgment, its System

operational capability, other resources such as Third Party Balancing

Agreements, or offsetting Access Requests will permit such balancing

receipt or delivery without impairing the ability of MEP to meet its

firm or other higher priority interruptible obligations, it being

understood that MEP is not providing a supply or storage service under

this Rate Schedule IBS. In granting requests for authorized overruns,

MEP shall act in a manner consistent with the overrun service priorities

set out in the General Terms and Conditions of this Tariff. Except for

authorized overruns as reflected in confirmation of an Access Request,

for which Shipper shall pay the applicable rate set out in the rate

sheets of this Tariff, Shipper shall pay MEP the charges for

unauthorized overrun set out in Section 9.2 of the General Terms and

Conditions of this Tariff if balancing volumes in the direction of swing

specified in the Access Request under an IBS Agreement exceed the

volumes specified in the Access Request or, unless consistent with the

Access Request, exceed the maximum daily access volumes under such IBS

Agreement or the maximum allowed cumulative IBS Balance. MEP may waive

or discount either authorized overrun or unauthorized gas charges on a

basis which is not unduly discriminatory. With respect to authorized

overrun charges associated with exceeding the allowed cumulative IBS

Balance, it will be MEP's general policy to waive such charges if the

charge results from MEP's decision not to accept IBS Payback and if

maintaining the IBS Balance is beneficial to MEP's system.