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. 266 Original Sheet No. 266





Interactive Website before 4:00 p.m. Central Time or otherwise will

endeavor to notify Shippers via its Interactive Website by 4:00 p.m.

Central Time that they should check MEP's Interactive Website again

at a specified later time to see whether an Operational Flow Order

will be in effect for the next Day. Additionally, if Shipper has

provided to MEP the e-mail address as specified in NAESB Standard

5.3.35, such posting will be provided via e-mail in the format as

defined in NAESB Standard 5.3.38 at least four (4) hours prior to the

start of the Day before an Operational Flow Order will be effective

as to a Shipper; provided, however, that MEP may issue an Operational

Flow Order on as little as one (1) hours notice where operationally

necessary. Such notice shall specify the anticipated duration of the

Operational Flow Order. An Operational Flow Order will be effective

at the start of a Day and will continue until the end of the Day and

through the end of successive Days until MEP notifies Shippers on its

Interactive Website that the Operational Flow Order has been lifted.


(d) (1) If any Shipper fails to comply with an

Operational Flow Order during any period which is not a Critical

Time, it shall be subject to a penalty of 2 X DIP times any volume of

Gas by which it deviated from the requirements of the Operational

Flow Order; provided, however, that the penalty shall be 4 X DIP to

the extent a Shipper exceeds a variance level stated in an

Operational Flow Order. In assessing any penalty hereunder, MEP shall

apply the DIP applicable to the period(s) during which the violation

occurred. A Shipper shall be exempt from such a penalty under this

Section 31.6 to the extent the Operational Flow Order requires action

beyond Shipper's contract limits under its Agreement with MEP or if

Shipper has complied within a reasonable range, which range will be

specified in the Operational Flow Order.


(2) In taking action based on an Operational

Flow Order, Shipper is entitled to rely on information (such as

metering information) provided by MEP.


(3) A Shipper shall not be subject to

Unauthorized Gas charges from MEP with respect to any action taken in

reasonable conformance with an Operational Flow Order issued by MEP

during a Critical or non-Critical Time.


(e) Within thirty (30) days after an Operational Flow

Order has been lifted, MEP will post on the Informational Posting

portion of its Interactive Website a report which describes the

specific operational factors which caused the Operational Flow Order

to be issued and to be lifted.