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. 229 Original Sheet No. 229





applicable maximum rate unless it otherwise agrees. If a bid is

submitted for a Negotiated Rate or Negotiated Rate Formula, the value

of that bid for evaluation purposes shall be capped at, and the

existing Shipper need only match, the lesser of the value of the bid

at the Negotiated Rate or Negotiated Rate Formula or the value of

that bid utilizing the Recourse Rate in lieu of the Negotiated Rate

or Negotiated Rate Formula.


(b) To exercise the Right of First Refusal, the

existing Shipper must provide MEP with notice of its intent to do so

in a form specified by MEP and must submit such notice at least nine

(9) Months prior to the expiration of the existing Agreement. MEP

shall advise Shipper in writing of the date by which such notice must

be submitted at least one (1) Month prior to the last day on which

such notice can be made on a timely basis. Such notice must specify a

desired term of service, the desired MDQ and the desired Point MDQ at

each Receipt and Delivery Point. If the requested MDQ is greater than

the existing MDQ and/or if the Point MDQ is greater than the existing

Point MDQ at any Receipt and Delivery Point, any such increase shall

be treated as a request for new service under the applicable Rate

Schedule and only the original quantity shall be subject to the Right

of First Refusal under this Section. The Right of First Refusal may

apply to a portion of the existing Shipper's MDQ for its then

effective service. If the existing service encompasses both zones,

the Right of First Refusal must be for firm capacity in both zones.

Any notice specifying a decrease in MDQ or Point MDQ shall not affect

the existing Agreement during its remaining term.


(c) Within fifteen (15) days after receipt of a notice

under Section 16.2(b), MEP shall post on the Informational Postings

portion of its Interactive Website an Announcement of Capacity

Availability Subject to Right of First Refusal (Capacity

Announcement) which shall: (1) specify the existing Shipper's

service rights; (2) indicate the availability of such service as of

the date the existing Agreement expires, subject to the Right of

First Refusal; (3) state the maximum rate applicable to such service;

(4) set out any other information required by this Section; and (5)

solicit bids for such service. Such Capacity Announcement shall be

maintained, and bids accepted via MEP's Interactive Website, for a

period of at least ten (10) days from the initial posting.