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. 259 Original Sheet No. 259





These records shall include the volumes transported, the billing

determinants (MDQ), the rates MEP charged and the revenue received

associated with such transactions. MEP will separately identify such

transactions in Statements G, I and J (or their equivalent) filed in

any general rate proceeding. Should MEP institute a tariff provision

to flow through on a current basis to its Shippers the impact of

certain transportation transactions, the treatment of revenues from

Negotiated Rate(s) or Negotiated Rate Formula(s) shall be specified

in such provision.




MEP and Shipper may agree hereunder to a Negotiated Rate

or Negotiated Rate Formula which includes payment obligations or

crediting mechanisms in the event of a capacity release which vary

from those set out in Section 14 of these General Terms and

Conditions. Nothing in the foregoing sentence, however, shall

authorize MEP or Shipper to violate the Commission's policy with

respect to the negotiation of terms and conditions of service.




Under this Section, MEP and Shipper may agree upon

retainage or surcharge components, including a percentage charges for

Fuel Gas, Booster Compression fuel and/or Unaccounted For Gas,

different from those otherwise determined under this Tariff. Without

limitation of the foregoing, MEP may enter into agreements on Fuel

Gas, Booster Compression fuel and/or Unaccounted For Gas retainage

percentage with Foundation Shippers or Anchor Shippers different from

those determined under the Tariff. MEP will credit the full maximum

rate retainage or surcharge amounts to its accounts for any such

transactions where such retainage or surcharge amounts would apply if

the transaction were not entered into under this authority, without

prejudice to MEP's recovery from the Shipper with which it has such

an agreement of additional future amounts to offset any underrecovery

experienced by MEP to the extent such future recoveries are permitted

by contract.