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. 217 Original Sheet No. 217





indemnify and hold MEP harmless as to any costs, damages or expenses

relating to the bid evaluation procedure for which timely notice of

an error was not provided to MEP by the Releasing Shipper hereunder,

except in circumstances where the error results from MEP has not

having satisfied the standard of care in Section 24 of these General

Terms and Conditions. MEP shall correct an error in a timely fashion

after receiving notice of such error from the Releasing Shipper or

another person.




(a) MEP shall bill the Replacement Shippers and the

Subreplacement Shippers the rate(s) specified in the Released

Firm Transportation Agreements and any other applicable charges and

each such Replacement Shipper and Subreplacement Shipper shall pay

the billed amounts directly to MEP. MEP shall not be responsible for

billing the Replacement Shipper for any amounts attributable to gas

purchase or gas inventory volumes tied to a transportation or storage

capacity release. Such charges shall be between the Releasing

Shipper and Replacement Shipper. MEP shall have the right to

discount the commodity rates under the Released Firm Transportation

Agreement. MEP will support volumetric releases with volumetric

commitments by fully accounting for volumetric and reservation

components, consistent with the rules and regulations of the Federal

Energy Regulatory Commission.


(b) A Releasing Shipper shall be billed the

reservation charge associated with the entire amount of released

capacity pursuant to its contract rate, which includes all non-

commodity based charges under MEP's Tariff for such released capacity

including but not limited to additional direct-bill charges, with a

concurrent conditional credit for payment of the reservation charge

due from the Replacement or Subreplacement Shipper(s), as applicable,

which received the released capacity. Releasing Shipper shall also be

billed a marketing fee, if applicable, pursuant to the provisions of

Section 15 of these General Terms and Conditions. As to any capacity

released by a Releasing Shipper, the Releasing Shipper shall not be

billed or be responsible for: (1) commodity charges; (2) cashouts of

imbalances; and (3) add-on charges and surcharges applicable to MEP's

commodity rates under MEP's Tariff such as ACA, Fuel Gas and

Unaccounted For Gas, which are incurred by a Replacement Shipper or

Subreplacement Shipper which received the released capacity.