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. 212 Original Sheet No. 212





(c) For any other Capacity Release Request, the

capacity rights shall be automatically awarded to the winning

Qualified Bidder(s) when MEP has identified the entity(s) to receive

the released capacity under this Section 14.


(d) A capacity release shall become effective upon the

awarding of capacity consistent with this Section 14. Nominations for

Gas service utilizing the released capacity shall be accepted at the

next available nomination opportunity which occurs on or after the

time the release becomes effective hereunder, consistent with 18

C.F.R. Section 284.12(c)(1)(ii); provided that nominations cannot be

effectuated prior to the beginning time specified in the release.

MEP shall issue a contract to the winning Qualified Bidder within one

(1) hour after the capacity has been awarded. So long as the winning

bidder has pre-approved credit, that bidder can submit a nomination

consistent with the above regardless of whether a contract with MEP

covering the capacity awarded has been issued or executed; provided,

however, that a contract must be executed under the provisions of the

relevant rate schedule regarding timely execution of a contract

tendered by MEP in order for a Shipper to have continued service

beyond the maximum time specified for timely contract execution. If

the Releasing Shipper has already submitted a nomination on a Day

under the Agreement being released, and if the Replacement Agreement

covering the released capacity is effective that same Day, the

Releasing Shipper may incur overrun charges if his nomination exceeds

the reduced contractual parameters under the original Agreement

resulting from the release (i.e., if the Releasing Shipper fails to

reduce its nomination, or does not adequately reduce its nomination,

at the first opportunity the Replacement Shipper has to nominate).


(e) Gas nominations for transportation pursuant to

released capacity are subject to the provisions of Section 6 of these

General Terms and Conditions. Gas nominations by a Shipper utilizing

released capacity awarded by MEP shall constitute Shipper's binding

acceptance of the terms and conditions of the capacity award by MEP

pursuant to this Section 14, including MEP's standard form of

Agreement covering the Rate Schedule applicable to the released

capacity and the terms and conditions of the Qualified Bid and the

Capacity Release Request, in accordance with MEP's Tariff.