| MIGC LLC |
|
Second Revised Sheet No. 1 : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 1 |
| Second Revised Volume No. 1 |
FERC GAS TARIFF
SECOND REVISED VOLUME NO. 1
SUPERSEDING FIRST REVISED VOLUME NO. 1
OF
MIGC LLC
filed with the
FEDERAL ENERGY REGULATORY COMMISSION
MIGC LLC
1201 Lake Robbins Drive
The Woodlands, Texas 77380
with offices located at
1099 18th St.
Denver, CO 80202
A Contact Person Familiar With this Tariff is Available
on MIGC's Internet Web Site at www.migc.com
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 1 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TABLE OF CONTENTS
Descriptions Sheet No.
Preliminary Statement.....................................2
System Map................................................3
Statement of Rates........................................4
Annual Charge Adjustment Provision........................5
ITS-1 Interruptible Transportation Service...............16
FTS-1 Firm Transportation Service........................30
Transportation General Terms and Conditions..............48
Form of Service Agreement Applicable to
Interruptible Transportation Service
Under Rate Schedule ITS-1...........................91
Form of Service Agreement Applicable to
Firm Transportation Service Under
Rate Schedule FTS-1................................111
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
First Revised Sheet No. 2 : Effective |
| FERC Gas Tariff | | Original Sheet No. 2 |
| Second Revised Volume No. 1 |
PRELIMINARY STATEMENT
This Tariff Second Revised Volume No. 1 applies to the transportation of
natural gas performed by MIGC LLC (MIGC). MIGC is a limited liability company
organized under the laws of the State of Delaware. MIGC is authorized to do,
and is doing, business in the state of Wyoming. This Tariff contains the
Rates and Charges, Rate Schedules, Forms of Service Agreement and the General
Terms and Conditions applicable to transportation of natural gas in interstate
commerce and other associated services performed by MIGC for which
authorization is granted by and subject to the jurisdiction of the Federal
Energy Regulatory Commission under the Natural Gas Act.
MIGC's pipeline system, located in the Powder River Basin of Wyoming, is
connected to Colorado Interstate Gas Company's, Wyoming Interstate Company,
Ltd's, and Kinder Morgan Interstate Gas Transmission, LLC's main line pipeline
systems in the southeastern portion of the State of Wyoming, to Williston
Basin Interstate Pipeline's system in the far northeastern portion of the
State of Wyoming, and to MGTC, Inc.'s intrastate pipeline system in the north
central portion of the State of Wyoming. MIGC's system is basically divided
into a north half, which operates within a pressure range of 600 to 700 psig
and a south half, which operates within a pressure range of 900 to 1000 psig.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 3 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
MAP
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Second Revised Sheet No. 4 : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 4
|
| Second Revised Volume No. 1 |
Effective Rates Applicable to Rate Schedule Contained
in this FERC Gas Tariff, Second Revised Volume No. 1
The rates after adjustment are designated Currently Effective
Tariff Rates and the amount of adjustment for each change is
identified below.
Currently
Base FERC Effective
Rate Tariff Annual Tariff
Sched. Type of Service Unit Rate Charges Rate
FTS-1 Firm Transportation
Maximum Rates
Demand MMBtu $13.3567 $13.3567
Commodity Rates MMBtu $ 0.0043 $0.0019 $ 0.0062
Minimum Rates
Demand MMBtu $ 0.0000 $ 0.0000
Commodity Rates MMBtu $ 0.0043 $0.0019 $ 0.0062
ITS-1 Interruptible Transportation
Maximum Rates
Commodity Rates MMBtu $ 0.4437 $0.0019 $ 0.4456
Minimum Rates
Commodity Rates MMBtu $ 0.0043 $0.0019 $ 0.0062
Note: Transportation by Backhaul will be charged at the forward
haul rate.
| Issued by: |
| Issue date: |
|
Effective date: 10/01/09 |
| MIGC LLC |
|
Original Sheet No. 5 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
ANNUAL CHARGE ADJUSTMENT PROVISION
1. Purpose - This Section establishes an Annual Charge Adjustment Provision
("ACA") which will permit MIGC to recover from its Customers and Shippers the
annual charges assessed to MIGC by the Commission under Part 382 of the
Commission's Regulations. Because MIGC is able to recover its annual charges
pursuant to this ACA provision, and in accordance with Section
154.38(d)(6)(ii)(A) of the Commission's Regulations, it is MIGC's intent not
to recover any annual charges in a general rate case under Section 4 of the
Natural Gas Act.
2. Applicability - The ACA is applicable to each rate schedule contained in
Second Revised Volume No. 1 of the FERC Gas Tariff for which system wide rates
and charges are charged and reflected on Sheet No. 4 hereof, or for which
rates and charges are assessed in accordance with the rate provisions of
individually certificated rate schedules as reflected on Sheet No. 4 hereof.
3. Adjustment Date - The Adjustment Date shall be October 1 of each year or as
directed by an order of the Commission. On the Adjustment Date, MIGC shall
increase or decrease the ACA unit charge to each of the applicable rate
schedules as authorized by the Commission to be recovered by MIGC. For those
rate schedules with a two-part rate, the ACA unit charge shall only apply to
the commodity component of such rate.
4. Current Annual Charge Rate Adjustment - The Current Annual Charge Rate
Adjustment shall be the unit amount, adjusted as necessary for heating value
and pressure base, which the Federal Energy Regulatory Commission orders to be
effective for the fiscal year commencing on the Effective Date of Adjustment.
5. Effective Date - The ACA unit charge shall become effective October 1 of
each year or as directed by an order of the Commission if:
(a) MIGC has paid the applicable annual charge in compliance with Section
382.103 of the Commission's Regulations; and
(b) the ACA unit charge is not subject to suspension or refund obligation.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Third Revised Sheet No. 6 : Effective |
| FERC Gas Tariff | | Second Revised Sheet No. 6 |
| Second Revised Volume No. 1 |
FUEL RETENTION AND LOSS PERCENTAGE FACTORS
The rates set forth on Sheet No. 4 are exclusive of fuel use requirements.
Pursuant to Section 25 of the General Terms and Conditions contained herein,
Shipper shall reimburse MIGC for its applicable fuel use requirements. Such
reimbursement shall be furnished in-kind. Transportation provided solely by
Backhaul shall not incur a fuel charge, but is required to provide in-kind
reimbursement for losses of 0.26%.
The fuel use reimbursement furnished by shippers, for gas entering the MIGC
system at the following pressures shall be as follows:
Current Base Current Total
FL&U Factor Surcharge FL&U Factor FL&U
Greater than 1.65% -0.27% 1.38% 1.38%
or equal to
350 psig*
Less than 350 psig 13.42% 4.90% 18.32% 19.70%
The fuel use factors set forth above shall be calculated and adjusted as
explained in Section 25 of the General Terms and Conditions.
* includes all interconnections with other interstate and intrastate
pipelines.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/10 |
| MIGC LLC |
|
Original Sheet No. 16 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE ITS-1
Interruptible Transportation Service
1. AVAILABILITY
This Rate Schedule is available to any party (hereinafter referred to as
"Shipper") for the transportation of natural gas on an interruptible basis by
MIGC LLC (hereinafter referred to as "MIGC") when Shipper and MIGC have
executed a Transportation Service Agreement, in the form contained in this
Second Revised Volume No. 1 Tariff, for service under this Rate Schedule.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all natural gas transported by MIGC for
Shipper pursuant to an executed Transportation Service Agreement.
Transportation service hereunder shall be interruptible, subject to the
provisions of the executed Transportation Service Agreement and to the
Transportation General Terms and Conditions incorporated herein by reference.
Transportation service hereunder shall consist of the acceptance by MIGC of
natural gas tendered by Shipper or for Shipper's account for transportation at
the Receipt Point(s) specified in the executed Transportation Service
Agreement, the transportation of that natural gas through MIGC's pipeline
system, and the delivery of thermally equivalent volumes of natural gas by
MIGC, less fuel and unaccounted for loss reimbursement volumes as set forth in
Section 5 hereof, to Shipper or for Shipper's account at the Delivery Point(s)
specified in the executed Transportation Service Agreement.
Interruptible transportation service under this FERC Gas Tariff ITS-1 shall
be provided when, and to the extent that, MIGC determines that capacity is
available in MIGC's existing facilities, that is, when capacity is not subject
to a prior claim by another customer or another class of service under a pre-
existing contract, service agreement or certificate with superior priority
service rights. Available interruptible capacity shall be allocated by MIGC,
as determined by MIGC pursuant to Section 4 of the Transportation General
Terms and Conditions contained in MIGC's FERC Gas Tariff, Second Revised
Volume No. 1, and interruptible transportation service hereunder shall be
provided in accordance with such allocation.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 17 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE ITS-1
Interruptible Transportation Service
(Continued)
3. RATE
Shipper shall pay to MIGC each month the sum of the charges set forth in
Paragraphs 3.1 and 3.2 below as such charges are designated to be applicable
to the transportation service rendered by MIGC for Shipper under the executed
Transportation Service Agreement.
1. Transportation Charge - As compensation for use of MIGC's transmission
facilities in the transportation of natural gas under the executed
Transportation Service Agreement, Shipper shall pay MIGC for each MMBtu of gas
delivered to MIGC by Shipper or for Shipper's account the rate(s) in effect
and reflected from time to time as the "Interruptible Transportation Maximum
Rate" set forth on Sheet No. 4 of this Second Revised Volume No. 1 Tariff, or
superseding tariff, which sheet is incorporated herein by reference.
2. Fuel Reimbursement Charge - As specified in Section 5 of this Rate
Schedule.
3. Adjustments to Rates - Pursuant to the provisions of Section 26 of the
General Terms and Conditions and subject to any limitations imposed by
additional Transportation Service Agreement provisions agreed to by Shipper
and MIGC, MIGC may selectively adjust any or all of the rates specified in
Paragraph 3.1 herein applicable to any individual Shipper; provided, however,
that such adjusted rate(s) shall not exceed the applicable Maximum Rate(s)
nor shall they be less than the Minimum Rate(s) set forth on Sheet No. 4 of
this Second Revised Volume No. 1 Tariff, or superseding tariff. MIGC shall
have the right to charge the Maximum Rate at any time as a condition for new
service or for continuation of service under an existing Transportation
Service Agreement. If MIGC so adjusts any rates to any Shipper, MIGC shall
file with the Federal Energy Regulatory Commission any and all required
reports respecting such adjusted rates. Whenever MIGC adjusts the rate to
be charged a Shipper pursuant to this Paragraph 3.3, notice thereof shall be
given to Shipper not less than seventy-two (72) hours prior to the effective
date of such adjustment.
4. MINIMUM MONTHLY BILL
None.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 18 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE ITS-1
Interruptible Transportation Service
(Continued)
5. FUEL AND UNACCOUNTED FOR LOSS REIMBURSEMENT (F&U)
Shipper shall reimburse MIGC for F&U usage monthly on an in-kind basis.
For purposes of computing the redelivery volumes, MIGC shall deduct the
applicable fuel retention and loss percentage factor times the volumes
delivered to MIGC, at the receipt point, for F&U. The applicable fuel
retention and loss percentage factors are set forth on Sheet No. 6 of this
Second Revised Volume No. 1 Tariff or superseding tariff, as incorporated
herein by reference.
The percentage rates for computing F&U are subject to change by MIGC
from time to time. Such changes will be filed with and subject to review by
the Federal Energy Regulatory Commission.
6. AUTHORIZED OVERRUN SERVICE
Upon request of Shipper, MIGC, at its reasonable discretion, not to be
exercised in an unduly discriminatory manner or otherwise in a manner
inconsistent with the regulations of the FERC, may receive, transport and
deliver natural gas in excess of Shipper's Maximum Daily Quantity specified
in the executed Transportation Service Agreement, provided such scheduling
does not affect those shippers with superior priority of service rights.
Authorized Overrun Service provided under Rate Schedule ITS-1 shall have
equivalent priority to other Rate Schedule ITS-1 service. Payments and F&U
reimbursement for any such excess quantity transported shall be in accordance
with Sections 3.2 and 5 of this Rate Schedule.
7. TRANSPORTATION GENERAL TERMS AND CONDITIONS
The Transportation General Terms and Conditions contained in this Second
Revised Volume No. 1 Tariff, except as modified in the Transportation Service
Agreement, are applicable to transportation service rendered under this Rate
Schedule and, by this reference, are made a part hereof. Any future
modifications, additions or deletions to said Transportation General Terms
and Conditions shall (from and after their effective date) apply to service
provided pursuant to this Rate Schedule. MIGC and Shipper may agree in the
Transportation Service Agreement to terms differing from those set forth in
this Rate Schedule; provided, however, that MIGC shall not require Shipper
nor be required to execute a Transportation Service Agreement inconsistent
with this Rate Schedule; provided further, that MIGC shall not execute a
Transportation Service Agreement that alters the capacity allocation,
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 19 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE ITS-1
Interruptible Transportation Service
(Continued)
information-requirement, rate, penalty, scheduling or priority provisions
applicable to this Rate Schedule or is otherwise unduly discriminatory or
inconsistent with the regulations of the FERC.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 20 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
Original Sheet Nos. 20 through 29
reserved for future use.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 30 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE FTS-1
Firm Transportation Service
1. AVAILABILITY
This Rate Schedule is available to any party (hereinafter referred to as
"Shipper") for the transportation of natural gas on a firm basis by MIGC LLC
(hereinafter referred to as "MIGC") under the following conditions:
(a) MIGC determines it has available capacity to render the firm
transportation service; and
(b) Shipper and MIGC have executed a Transportation Service Agreement, in
the form contained in this Second Revised Volume No. 1 Tariff, for such firm
transportation service.
2. APPLICABILITY AND CHARACTER OF SERVICE
1. This Rate Schedule shall apply to all natural gas transported by MIGC
for Shipper pursuant to an executed Transportation Service Agreement.
Transportation service hereunder shall be firm, subject to the provisions of
the executed Transportation Service Agreement and to the Transportation
General Terms and Conditions incorporated herein by reference. Transportation
service hereunder shall consist of the acceptance by MIGC of natural gas
tendered by Shipper or for Shipper's account for transportation at the Receipt
Point(s) specified in the executed Transportation Service Agreement, the
transportation of that natural gas through MIGC's pipeline system, and the
delivery of thermally equivalent volumes of gas, less fuel and unaccounted for
loss reimbursement volumes as set forth in Section 7 hereof, to Shipper or for
Shipper's account at the Delivery Point(s) specified in the executed
Transportation Service Agreement.
2. Shipper may nominate segmented transactions under this Rate Schedule or
Shipper may release all or a part of a segment of its full Transportation
Contract Demand under the capacity release terms of Section 17 of MIGC's
Transportation General Terms and Conditions. In no event shall Shipper be
entitled to more Transportation Service than is provided for the total
Transportation Contract Demand set forth in the Transportation Service
Agreement. Segmented nominations at Secondary Points of Receipt and/or
Delivery do not have any impact on Shipper's entitlement at the existing
Primary Points of Receipt and/or Delivery. Shipper may change its Primary
Points as set forth in Section 4.8 and 6.2 of MIGC's Transportation General
Terms and Conditions. Segmented nominations utilizing Secondary Capacity at
points and/or along transportation paths are considered to be secondary
nominations. Segmentation is permitted in any direction of flow; however, all
segmented nominations are subject to the availability of capacity, MIGC's
existing contractual obligations, and the maintenance of a safe, reliable and
efficient operating system as determined by MIGC.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 31 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE FTS-1
Firm Transportation Service
(Continued)
A firm Shipper may segment its capacity by transporting in a forward haul up
to its full Transportation Contract Demand and a backward haul up to its full
Transportation Contract Demand to the same point at the same time.
3. MIGC shall not be obligated to allocate firm capacity in the specific
manner requested by Shipper unless adequate firm capacity is available without
the construction of additional facilities by MIGC. MIGC shall promptly advise
a new customer requesting firm transportation service under this Rate Schedule
if adequate firm capacity does not exist on any portion of MIGC's system for
the service requested and Shipper and MIGC shall cooperate in devising a
transportation service which utilizes the available firm capacity which does
exist on MIGC's system.
3. RATE
The charge for natural gas transportation service rendered during each
monthly billing period shall be the sum of the applicable amounts specified in
Sections 3.1, 3.2, and 3.3 below:
1. Reservation Charge - An amount determined on a monthly basis as the
product of:
(a) Shipper's Transportation Contract Demand specified on Exhibit A to
the executed Transportation Service Agreement; and
(b) maximum Reservation Charge rate per MMBtu set forth from time to
time on the currently effective Sheet No. 4 of this Second Revised Volume
No. 1 Tariff, or superseding tariff, which sheet is incorporated herein by
reference.
In the event MIGC is on any day rendered incapable of performing service
requested by Shipper under this Rate Schedule FTS-1, Shipper will not be
obligated to pay the allocable portion of the monthly Reservation Charge for
the amount of service (up to Shipper's Transportation Contract Demand)
requested but not received.
2. Commodity Charge - An amount determined as the product of:
(a) the quantity of natural gas in MMBtu delivered to MIGC by Shipper or
for Shipper's account during the month; and
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 32 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE FTS-1
Firm Transportation Service
(Continued)
(b) the maximum Commodity Rate per MMBtu applicable to transportation
under MIGC's Rate Schedule FTS-1 set forth from time to time on the currently
effective Sheet No. 4 of this Second Revised Volume No. 1 Tariff, or
superseding tariff, which sheet is incorporated herein by reference.
3. Fuel Reimbursement Charge - As specified in Section 7 of this Rate
Schedule.
4. Adjustments to Rates -
(a) Pursuant to the provisions of Section 26 of the General Terms and
Conditions, and subject to any limitations imposed by additional Transportation
Service Agreement provisions agreed to by Shipper and MIGC, MIGC may select-
ively adjust any or all of the rates specified Section(s) 3.1 and/or 3.2 herein
applicable to any individual Shipper; provided, however, that such adjusted
rate(s) shall not exceed the applicable Maximum Rate(s) nor shall they be less
than the Minimum Rate(s) set forth on Sheet No. 4 of this Second Revised Volume
No. 1 Tariff, or superseding tariff. If MIGC so adjusts any rates to any
Shipper, MIGC shall file with the Federal Energy Regulatory Commission any and
all required reports respecting such adjusted rates.
(b) If Shipper nominates at receipt or delivery points or along
transportation segments for which an adjustment to rates set forth in Section
3.4(a) above was not specifically provided for by MIGC, Shipper shall pay the
maximum Reservation Charge and Commodity Charge, unless otherwise agreed to by
MIGC, subject to the provisions of Section 6.3(e)(1) and (2) of the
Transportation General Terms and Conditions.
4. MINIMUM MONTHLY BILL
The applicable Reservation Charge.
5. TRANSPORTATION CONTRACT DEMAND
A Shipper's Transportation Contract Demand shall be the maximum quantity of
gas which MIGC shall be obligated to receive from Shipper (or for Shipper's
account) at the Primary Receipt Point(s) for transportation and delivery to
Shipper under this Rate Schedule. The Transportation Contract Demand shall be
specified on Exhibit A of the executed Transportation Service Agreement. The
Total Maximum Daily Quantity for all Primary Receipt Points shall not exceed
the Transportation Contract Demand for the transportation path. The Total
Maximum Delivery Quantity for all Primary Delivery Points shall not exceed the
Transportation Contract Demand for the transportation path less fuel and
unaccounted for loss reimbursement volumes.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 33 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE FTS-1
Firm Transportation Service
(Continued)
6. AUTHORIZED OVERRUN SERVICE
Upon request of Shipper, MIGC, at its reasonable discretion, not to be
exercised in an unduly discriminatory manner or otherwise in a manner
inconsistent with the regulations of the FERC, may receive, transport
and deliver natural gas in excess of Shipper's Transportation Contract
Demand specified in the executed Transportation Service Agreement
provided such scheduling does not affect those shippers with superior
priority of service rights. Authorized Overrun Service under Rate
Schedule FTS-1 shall have equivalent priority to Interruptible
Transportation Service.
Transportation and delivery of natural gas shall exceed Shipper's
Transportation Contract Demand when the sum of the nominations through
or within a specific Segment, including all forward and backward haul
segmentation nominations and including Releasing and Replacement
Shipper nominations, exceed the Transportation Contract Demand.
Volumes transported in excess of the Maximum Daily Quantity at a
specific point are considered to be secondary nominations but are not
considered to be overrun volumes unless such nominations result in the
transportation of a volume over a specific transportation segment in
excess of the Transportation Contract Demand.
If MIGC elects to transport said excess gas, Shipper shall pay MIGC for
each MMBtu of gas in excess of Shipper's Transportation Contract Demand
delivered to MIGC by Shipper or for Shipper's account during the month
the charges set forth below:
(a) A unit amount in dollars per MMBtu equivalent to the "Maximum
Rate" applicable for service under MIGC's Rate Schedule ITS-1, as such rate
is in effect and reflected from time to time on Sheet No. 4 of this Second
Revised Volume No. 1 Tariff, or superseding tariff; and
(b) The fuel reimbursement charge provided for in Section 7 of this
Rate Schedule.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 33A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE FTS-1
Firm Transportation Service
(Continued)
7. FUEL AND UNACCOUNTED FOR LOSS REIMBURSEMENT (F&U)
Shipper shall reimburse MIGC for F&U usage monthly on an in-kind
basis. For purpose of computing the redelivery volumes, MIGC shall
deduct the applicable fuel retention and loss percentage factor times
the volumes delivered to MIGC, at the receipt point, for F&U. The
applicable fuel retention and loss percentage factors are set forth on
Sheet No. 6 of this Second Revised Volume No. 1 or superseding tariff
which is incorporated herein by reference.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 34 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE FTS-1
Firm Transportation Service
(Continued)
8. TERM OF AGREEMENT
The FTS-1 Agreement must be executed by Shipper prior to
commencement of service. Shipper is permitted to combine multiple FTS-1
Agreements into a single FTS-1 Agreement, subject to MIGC's approval which
shall not be unreasonably withheld or granted in an unduly discriminatory
manner. MIGC and Shipper may agree to different termination dates for
specified volumes within the same FTS-1 Agreement on a not unduly
discriminatory basis.
A. FTS-1 AGREEMENTS AND ROLLOVER OF FTS-1 AGREEMENTS
1. FTS-1 Agreements with a term of five (5) years or more shall have
unilateral rollover rights pursuant to which all or a portion of its capacity
under the FTS-1 Agreement may be rolled over for a term which equals the
initial FTS-1 Agreement term at maximum rates. However, should the FTS-1
Shipper request to roll the FTS-1 Agreement over for a term which equals the
initial FTS-1 Agreement term but at less than maximum rates, pregranted
abandonment can be avoided only by a match under the Right of First Refusal
process as provided in paragraph B. herein. Further, should the FTS-1 Shipper
request to roll the FTS-1 Agreement over for less than the original term,
either at maximum rates or less than maximum rates, pregranted abandonment can
be avoided only by a match under the Right of First Refusal process as
provided in paragraph B. herein. In any event, if the FTS-1 Shipper requests
a continuation of service for less than one (1) year, the FTS-1 Agreement
will not have unilateral rollover right at the end of said term.
2. FTS-1 Agreements with a term of at least one (1) year, up to but not
including five (5) years shall have a Right of First Refusal as provided in
paragraph B. herein. A one (1) year FTS-1 Agreement (365 days) will be
eligible for the Right of First Refusal process.
3. FTS-1 Agreements with a term up to, but not including, one (1) year
shall have no rollover rights and no ability to utilize the right of First
Refusal process. The service will be automatically abandoned upon expiration
of the term.
B. RIGHT OF FIRST REFUSAL
In order to avoid pregranted abandonment at the end of the contract term,
certain FTS-1 Shippers may exercise the Right of First Refusal process. The
contract term includes the primary term, plus any currently existing
unilateral rollover rights.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 35 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE FTS-1
Firm Transportation Service
(Continued)
1. Notice
A firm Shipper holding a FTS-1 Agreement with a contract term of five
(5) years or more will be notified by MIGC no less than four (4) nor more than
six (6) months before the expiration of its FTS-1 Agreement, by MIGC's posting
same on MIGC's Electronic Bulletin Board. No less than three (3) nor more
than six (6) months before the expiration of its FTS-1 Agreement, Shipper
shall notify MIGC of its intention to execute a new FTS-1 Agreement for the
maximum rate and for the minimum term commensurate with the initial term. If
such notice is received by MIGC, the bidding process does not apply.
A firm Shipper with a FTS-1 Agreement term of at least one (1) year, up
to but not including five (5) years or a firm Shipper with a FTS-1 Agreement
term of five years or more but which wishes to roll the FTS-1 Agreement over
at less than maximum rates or for a term less than the initial term will be
notified by MIGC no less than four (4) nor more than six (6) months before the
expiration of its FTS-1 Agreement by MIGC's posting same on MIGC's Electronic
Bulletin Board. No less than three (3) nor more than six (6) months before
the expiration of its FTS-1 Agreement, Shipper shall notify MIGC that it
wishes MIGC to post its capacity for the purpose of initiating the bidding
process.
In any event, a firm Shipper may elect to retain a portion of its
capacity, subject to the bidding process, and have the pipeline's pregranted
abandonment authority apply to the remainder of the capacity.
Failure of Shipper to give the notice described in this section for
either a FTS-1 Agreement with a term of five or more years or a FTS-1
Agreement with a one to five year term will allow MIGC to resell such capacity
and will result in the automatic abandonment of the entitlement at the end of
the contract term. In such circumstances, MIGC shall post the availability of
such capacity on the EBB no less than 60 days prior to termination of the
contract.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 36 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE FTS-1
Firm Transportation Service
(Continued)
2. Bidding Process
MIGC will post capacity on its Electronic Bulletin Board (EBB) within
10 days of the date MIGC receives notice from the shipper to initiate the
bidding process and solicit bids for the capacity. Open bids must be tendered
to MIGC via the EBB within 20 work days of the posting. MIGC will have ten
days to choose the highest bid. In case of equal high bids, the equal bidder
with the earliest posting date will be declared the winner. If the original
firm Shipper declines to match the terms of the winning bid, under Section
2.c. below, then the capacity shall be awarded to the winning bidder. The
winning bidder shall then have 30 days from receipt of notification, in which
to execute a new FTS-1 Service Agreement. MIGC shall have the right, on a
non-discriminatory basis, to reject any bid not at the maximum rate.
a. Contents of Bid
A bid must contain the price, term, amount of capacity desired,
primary receipt and delivery points, plus a request fee of the lesser of
$10,000 or one month's reservation fee at maximum rate. If the bid is
accepted, the request fee will be credited to the Shipper's reservation fees.
If the bid is not accepted, MIGC will return the request fee within 30 days of
the date MIGC makes the winning bid determination.
b. Best Offer
MIGC will determine which bid constitutes the best offer by
determining which bid constitutes the highest economic value to MIGC. A net
present value calculation based on rate, term and quantity will be used to
determine the highest economic value, utilizing the latest published FERC
interest rate(s), as determined pursuant to 18 CFR Section 154.67. MIGC shall
notify the original capacity holder of the terms of the winning bid by
telephone or facsimile transmission within 24 hours of determining the winning
bid.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 37 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
RATE SCHEDULE FTS-1
Firm Transportation Service
(Continued)
c. Match
The original firm Shipper shall have the option, to be exercised within 30
days of receipt of notice from MIGC of the best offer, to execute a FTS-1
service agreement with MIGC which matches the rate and term of the bid
constituting the highest economic value to MIGC.
d. No Bids
Where there are no competing bids for the capacity and the original
firm Shipper agrees to pay the maximum rate, the original firm shipper may
renew the FTS-1 Agreement for any term of its choosing. However, whether
there are bids or not, if the original FTS-1 agreement had a term of five
years or more and the original firm Shipper chooses to continue the
service for less than five years, the Shipper will not have a unilateral
rollover right at the end of the renewed term. MIGC is not obligated to
provide service at less than the maximum rate, even if there are no other
offers.
9. TRANSPORTATION GENERAL TERMS AND CONDITIONS
The Transportation General Terms and Conditions contained in this Second
Revised Volume No. 1 Tariff, except as modified in the Transportation Service
Agreement, are applicable to transportation service rendered under this Rate
Schedule and, by this reference, are made a part hereof. Any future
modifications, additions or deletions to said Transportation General Terms
and Conditions shall (from and after their effective date) apply to service
provided pursuant to this Rate Schedule. MIGC and Shipper may agree in the
Transportation Service Agreement to terms differing from those set forth in
this Rate Schedule; provided, however, that MIGC shall not require Shipper
nor be required to execute a Transportation Service Agreement inconsistent
with this Rate Schedule; provided further, that MIGC shall not execute a
Transportation Service Agreement that alters the capacity allocation,
information-requirement, rate, penalty, scheduling or priority provisions of
this Rate Schedule or is otherwise unduly discriminatory or otherwise
inconsistent with the regulations the FERC.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 38 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
Original Sheet Nos. 38 through 47
reserved for future use.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 48 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
Table of Contents
Section Description Sheet
No.
1 Definitions 49
2 Method of Measurement 53
3 Measurement Equipment 54
4 Nominations - Scheduling and Priority of Service 55
5 Determination of Receipts and Deliveries and
Balancing of Transportation Quantities 64
6 Transportation Request Log; Information Requirements 67
7 Quality 72
8 Billing and Payment 74
9 Force Majeure 78
10 Control and Possession of Natural Gas 79
11 Adverse Claims to Natural Gas 79
12 Indemnification 80
13 Odorization 81
14 Waivers and Non-Waiver of Future Default 81
15 Service Conditions 81
16 Statutory Regulation 82
17 Capacity Release 82
18 Descriptive Headings 89
19 Taxes 89
20 Relationship with Marketing Affiliate 89
21 Complaint Procedures 90
22 Electronic Communication 90
23 Compliance with 18 CFR Section 284.10 90A
24 Policy for Construction of Receipt or Delivery Facilities 90C
25 Fuel and Loss Reimbursement 90D
26 Types of Discounting 90F
27 Gas Supply Purchases and Sales 90G
28 Early Contract Termination/Reduction Rights 90H
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 49 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
1. DEFINITIONS
1. Agent - Any party Shipper may contract with, subject to approval by
Transporter of such contract which may not be unreasonably withheld, for
purposes of administering Shipper's Service Agreement with MIGC. An Agent has
only those rights designated in writing by such Shipper to MIGC.
2. "Bumping" or "Bump" shall mean the reduction of a previously
scheduled and Confirmed Transportation Quantity to permit MIGC to schedule and
confirm a firm Transportation Nomination which has a higher priority and which
was submitted as an Intra-day Nomination. Bumping that affects transactions on
multiple Transportation Service Providers' systems should occur at grid-wide
synchronization times (9:00 a.m. and 5:00 p.m. only, per Standards Board
Standards 1.3.39). MIGC shall provide direct notice of bumping, and of any
applicable penalties which will apply to the interruptible shipper, by fax or
EDI in advance of such bumping.
3. British Thermal Unit ("Btu") - The reporting basis for Btu is
standardized as 14.73 dry psia and 60 degrees Fahrenheit (101.325 kPa and 15
degrees C. and dry). Standardize the reporting basis for gigacalorie as
1.035646 Kg/(cm squared) and 15.6 degrees C. and dry. One (1) Btu shall mean
one British Thermal Unit and is defined as the amount of heat required to raise
the temperature of one (1) pound of water from fifty-nine degrees Fahrenheit
(59 degrees F)to sixty degrees Fahrenheit (60 degrees F) at a constant pressure
of fourteen and seventy-three hundredths pounds per square inch absolute
(14.73 psia). Total Btu's shall be determined by multiplying the total volume
of natural gas delivered times the gas heating value expressed in Btu's per
cubic foot of gas adjusted on a dry basis.
4. Business Day - Monday through Friday from 9:00 a.m. to 6:00
p.m., Central Clock Time (8 a.m. to 5 p.m. Mountain Clock Time), excluding
Federal Banking Holidays.
5. Confirmation - shall mean the verification of the Confirmed
Quantity by the Confirming Parties. The Explicit Confirmation process requires
that the Confirming Party respond to a request for confirmation or initiate an
unsolicited confirmation response. Absent mutual agreement to the contrary,
Explicit Confirmation is the default methodology (Standards Board Standard
1.3.40).
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 49A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
6. Critical Notices - Pertain to information on transportation service
provider conditions that affect scheduling or adversely affect scheduled gas
flow.
7. Data Dictionaries - shall mean those documents created by the
Standards Board which implement the Standards Board Standards, and which
specifically define the business names for the various elements of the
Standards Board Standard data sets. The Data Dictionaries also define
the appropriate usage of the data element (for example, Mandatory,
Conditional, Sender's Option, Business Conditional, and Mutually
Agreeable). Transporter has, as part of its implementation of the
Standards Board Standards, incorporated by reference, the following
Standards Board Data Dictionaries: 1.3.2(vi), 1.4.1 through 1.4.7, 2.4.1
through 2.4.16, 3.4.1 through 3.4.4, 5.4.1 through 5.4.22 and the
standards contained in Recommendation R02002.
8. Day - A period of twenty-four (24) consecutive hours (except for
those days adjusted for Daylight Savings Time) commencing at nine (9:00) a.m.
Central Clock Time (eight (8:00) a.m., Mountain Clock Time).
9. Dekatherm ("Dth") - One dekatherm is the quantity of heat energy
equivalent to one million British thermal units (MMBtu). Dth is the standard
quantity for Nomination, Confirmations and Scheduling per gas day in the
United States, gigajoules per gas day in Canada and gigacalories per gas day
in Mexico. (For reference, one (1) dekatherm = 1,000,000 Btu's; 1
gigajoule = 1,000,000,000 joules; and 1 gigacalorie = 1,000,000,000
calories.) For commercial purposes the standard conversion factor between
dekatherms and gigajoules is 1.055056 gigajoules per dekatherm and between
dekatherms and gigacalories is 0.251996 gigacalories per dekatherm.
The standard Btu is the International Btu which is also called the Btu (IT);
the standard joule is the joule specified in the SI system of units. (The
International Btu is specified for use in the gas measurement standards of
the American Gas Association, the American Petroleum Institute, the Gas
Processors Association and the American Society for Testing Materials. For
non-commercial purposes these associations note that the exact conversion
factor is 1.05505585262 Gigajoules per Dekatherm.) For purposes of this
tariff and associated Service Agreements, MMBtu and Dth are considered
synonymous.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
First Revised Sheet No. 50 : Effective |
| FERC Gas Tariff | | Original Sheet No. 50 |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
10. Electronic Data Interchange ("EDI") - The term "EDI" shall mean
Electronic Data Interchange.
11. Electronic Delivery Mechanism or EDM - shall mean the electronic
communication methodology used to transmit and receive data related to
gastransactions. Transporter shall designate an electronic "site" at
which Shippers and Transporter may exchange data electronically. All
data provided at such site shall be considered as being delivered to
the appropriate party. Transporter's use and implementation of EDM
shall conform to all appropriate Standards Board Standards.
Specifically, Transporter's implementation of EDM shall incorporate by
reference Standards Board Standards 4.3.1 through 4.3.3, and 4.3.16
through 4.3.18, 4.3.20, 4.3.22 through 4.3.35 and Standards Board Definitions
4.2.1 through 4.2.8.
12. FERC or Commission - The Federal Energy Regulatory Commission or
any successor agency of the Federal government having jurisdiction over the
rates and operations of MIGC.
13. Heating Value - The quantity of heat, measured in Btu, produced by
combustion in air of one (1) cubic foot of anhydrous gas at a temperature of
sixty degrees Fahrenheit (60 degrees F) and a constant pressure of fourteen and
seventy-three hundredths pounds per square inch absolute (14.73 psia), the air
being at the same temperature and pressure as the gas, after the products of
combustion are cooled to the initial temperature of the gas and air, and after
condensation of the water formed by combustion. For reporting purposes, Btu
conversion factors will be reported to not less than three (3) decimal
places and pressure base conversion factors will be reported to not less than
six (6) decimal places. For calculation purposes, not less than six (6)
decimal places will be used for both conversion factors.
14. Intra-Day Nomination - Is a nomination submitted after the
nomination deadline whose effective time is no earlier than the beginning of
the gas day and runs through the end of that gas day. MIGC has incorporated by
reference the following Standards Board standards for Intra-day definitions:
1.2.8, 1.2.9, 1.2.10, 1.2.11, 1.2.12, 1.2.13, 1.2.14, 1.2.15, 1.2.16,
1.2.17, 1.2.18 and 1.2.19.
15. Maximum Daily Quantity - The maximum quantity of gas that MIGC
will be required on a given day to receive at the applicable receipt point
listed in Exhibit A of the Shipper's Transportation Service Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/09 |
| MIGC LLC |
|
Original Sheet No. 51 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
16. MIGC system - The MIGC system is displayed on the map set forth on
Original Sheet No. 3 of the FERC Gas Tariff Second Revised Volume No. 1.
17. Month - A period commencing on the first day of the corresponding
calendar month and ending on the first day of the next following calendar
month.
18. Natural Gas - Any mixture of hydrocarbons or of hydrocarbons and
non-combustible gases, in a gaseous state, consisting essentially of methane.
19. One Thousand Cubic Feet ("Mcf") - The quantity of natural gas
occupying a volume of one thousand (1,000) cubic feet at a temperature of sixty
degrees Fahrenheit (60 degrees F) at a pressure of fourteen and seventy-three
hundredths pounds per square inch absolute (14.73 psia). The reporting basis
for gas volumes is standardized as cubic foot at standard conditions of 14.73
psia, 60 degrees Fahrenheit and dry.
20. Operational Balancing Agreement ("OBA") - A contract
between two parties which specifies the procedures to manage operating
variances at an interconnect. MIGC shall offer Operational Balancing
Agreements on a non-discriminatory basis.
21. Operational Flow Order - An order issued by Transporter to alleviate
conditions, inter alia, which threaten or could threaten the safe operation or
system integrity, of MIGC's system or to maintain operations required to
provide efficient and reliable firm service. Whenever MIGC experiences these
conditions, any pertinent order should be referred to as an Operational Flow
Order.
22. Package ID - Differentiates between discrete business transactions.
23. Pooling - 1) The aggregation of gas from multiple physical and/or
logical points to a single physical or logical point, and/or 2) the
disaggregation of gas from a single physical or logical point to multiple
physical and/or logical points.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
First Revised Sheet No. 52 : Effective |
| FERC Gas Tariff | | Original Sheet No. 52 |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
24. Predetermined Allocation Agreement ("PDA") - An agreement
under which the operator of the facilities at a receipt or delivery point
specifies how gas received or delivered by MIGC shall be allocated in
accordance with confirmed nominations at such point, including how any
underage or overage of actual receipts or deliveries from confirmed
nominations shall be allocated. MIGC shall offer predetermined allocation
agreements on a non-discriminatory basis. An OBA is a type of PDA.
25. Standards Board - The North American Energy Standards Board or
any successor agency as designated by FERC.
26. Standards Board Standards - Standardized procedures for critical
business practices which were issued by the Standards Board and adopted by
the Commission. Unless otherwise stated in this Tariff, all Standards
Board Standards referred to in this tariff are Version 1.8.
27. Total Maximum Daily Quantity - The total of Maximum Daily
Quantities set forth in Exhibit A of the Shipper's Transportation Service
Agreement, which is the maximum volume of gas that MIGC shall be obligated
to receive from transportation service on Shipper's behalf on any given day.
28. Transportation Contract Demand - The total of Maximum Daily
Quantities set forth in Exhibit A of the Transportation Service Agreement
under Rate Schedule FTS-1, which is the maximum volume of gas that MIGC shall
be obligated to receive for transportation service on Shipper's behalf on any
given day.
29. Year - A period of three hundred sixty-five (365) consecutive
days commencing on the date to be specified in the executed Transportation
Service Agreement; provided, however, that any such year which contains the
date of February 29 shall consist of three hundred sixty-six (366) consecutive
days.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/09 |
| MIGC LLC |
|
Original Sheet No. 52A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
RESERVED FOR FUTURE USE
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 52B : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
30. Segmentation - shall mean the ability of a Shipper holding a
contract for firm transportation capacity to subdivide such capacity into
segments and to use those segments for different capacity transactions. A
Shipper may effect segmentation by nominating a number of discrete
transportation primary and/or secondary point combinations using primary
and/or secondary transportation paths. The paths may be within or outside of
the primary contracted path. The Shipper's right to nominate on any segment
of a transportation path shall be limited to the Transportation Contract
Demand as defined by Shipper's underlying firm Transportation Service
Agreement.
31. Primary Capacity - shall mean the point and transmission system
capacity reserved for a Shipper under a firm Transportation Service Agreement
as identified by the Primary Receipt and Delivery Points' Maximum Daily
Quantity set forth in the Transportation Service Agreement and the
Transportation Contract Demand associated with the transportation segment
between those points.
32. Secondary Capacity - shall mean point and transmission system
capacity other than Primary Capacity. Backhaul nominations which are
contrary in direction from the Primary Receipt Point to Primary Delivery
Point direction are considered a secondary transmission system path.
33. Segment - shall mean a portion of the transmission system between
a defined Receipt Point and Delivery Point. For purposes of this Tariff,
such points are locations which are available for nomination by Shippers.
34. Maximum Delivery Quantity - shall mean the maximum quantity of
gas that MIGC will be required on a given day to deliver at the applicable
Primary Delivery Point listed in Exhibit B of the Shipper's Transportation
Service Agreement.
35. Total Maximum Delivery Quantity - shall mean the total of Maximum
Delivery Quantities set forth in Exhibit B of the Shipper's Transportation
Service Agreement, which is the maximum volume of gas that MIGC shall be
obligated to deliver for transportation service on Shipper's behalf on any
given day under such Agreement. The Total Maximum Delivery Quantity shall
not exceed the Transportation Contract Demand less fuel and unaccounted for
loss reimbursement volumes.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 52C : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
36. Backhaul - shall mean movement of gas from a Point of Receipt to a
Point of Delivery such that the contractual direction of movement on
Transporter's system is at all times and at all points along the path in a
direction opposite to the actual physical flow of gas in the pipeline.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 53 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
4. Determination of Flowing Temperature - The temperature of the gas
flowing through a meter station shall be obtained by the use of a recording
thermometer. The arithmetic average temperature of the gas during the chart
period shall be used in computing the delivery of gas during such period.
Where the quantities of gas metered will not be materially affected by so
doing, the temperature at delivery shall be assumed to be sixty degrees
Fahrenheit (60 degrees F) when not regularly measured.
5. Determination of Specific Gravity - The specific gravity of the
gas flowing through orifice meter stations, when used, shall be determined by
taking samples of such gas by means of a recording gravitometer located at the
measuring station or at any other point on the pipeline where there will be no
commingling thereafter of gas, or by any other recognized method which may be
practical in the circumstances. The arithmetic average specific gravity of the
gas at such points during the chart period shall be used in computing the
delivery of gas during such period at such points.
6. Chromatographic Analysis - If the heating value and/or the
specific gravity is determined by chromatographic analysis of the gas
sample, the values of the physical constants for the gas compounds and the
procedure for determining the gross heating value and/or the specific gravity
of the gas from them shall be as set forth in the referenced Committee Report
No. 3.
7. New Measurement Techniques - If, at any time during the
effective term of the Rate Schedules to which these Transportation General
Terms and Conditions apply, a new method or technique is developed with respect
to gas measurement, such new method or technique may be substituted by MIGC in
the exercise of its reasonable judgement. MIGC shall promptly inform Shipper
of any new technique adopted.
3. MEASUREMENT EQUIPMENT
1. Installation and Operation of Measuring Facilities - All
measuring facilities shall be installed, if necessary, owned, maintained and
operated, at or near the Receipt Point(s) and Delivery Point(s), by MIGC unless
otherwise agreed. Where used, orifice meters shall employ flange taps and
shall be installed and operated in accordance with the referenced Committee
Report No. 3.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 54 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
4. Determination of Flowing Temperature - The temperature of the gas
flowing through a meter station shall be obtained by the use of a recording
thermometer. The arithmetic average temperature of the gas during the chart
period shall be used in computing the delivery of gas during such period.
Where the quantities of gas metered will not be materially affected by so
doing, the temperature at delivery shall be assumed to be sixty degrees
Fahrenheit (60 degrees F) when not regularly measured.
5. Determination of Specific Gravity - The specific gravity of the
gas flowing through orifice meter stations, when used, shall be determined by
taking samples of such gas by means of a recording gravitometer located at the
measuring station or at any other point on the pipeline where there will be no
commingling thereafter of gas, or by any other recognized method which may be
practical in the circumstances. The arithmetic average specific gravity of the
gas at such points during the chart period shall be used in computing the
delivery of gas during such period at such points.
6. Chromatographic Analysis - If the heating value and/or the
specific gravity is determined by chromatographic analysis of the gas
sample, the values of the physical constants for the gas compounds and the
procedure for determining the gross heating value and/or the specific gravity
of the gas from them shall be as set forth in the referenced Committee Report
No. 3.
7. New Measurement Techniques - If, at any time during the
effective term of the Rate Schedules to which these Transportation General
Terms and Conditions apply, a new method or technique is developed with respect
to gas measurement, such new method or technique may be substituted by MIGC in
the exercise of its reasonable judgement. MIGC shall promptly inform Shipper
of any new technique adopted.
3. MEASUREMENT EQUIPMENT
1. Installation and Operation of Measuring Facilities - All
measuring facilities shall be installed, if necessary, owned, maintained and
operated, at or near the Receipt Point(s) and Delivery Point(s), by MIGC unless
otherwise agreed. Where used, orifice meters shall employ flange taps and
shall be installed and operated in accordance with the referenced Committee
Report No. 3.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 55 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
2. Installation and Operation by Shipper - Shipper may install,
maintain and operate at its own expense, at or near the Receipt Point(s) and
the Delivery Point(s) check meters and other necessary equipment by which the
quantity of gas delivered to or by MIGC may be measured. Where used, orifice
meters shall employ flange taps and shall be installed and operated in
accordance with the referenced Committee Report No. 3.
3. Non-interference - Measuring equipment applying to or affecting
deliveries shall be installed in such manner as to permit an accurate determin-
ation of the quantity of gas delivered and ready verification of the accuracy
of measurement. The parties shall exercise care in the installation,
maintenance and operation of check measuring or pressure regulating equipment
on gas compressors so as to prevent any inaccuracy in the determination of the
quantity of gas being measured.
4. Calibration and Test of Measurement Equipment - Each party shall
have the right to have representatives present at the time of any installing,
cleaning, changing, repairing, inspecting, testing, calibrating or adjusting
done in connection with the other parties measuring equipment, including
calorimeters, used in the measurement of deliveries of gas. The accuracy of
the measuring equipment, including calorimeters, shall be verified at
reasonable intervals but not more often than is found necessary in practice.
5. Electronic Flow Computers - It is recognized that electronic or
other types of flow computers have been developed that permit the direct
computation of gas flows without the use of charts. Where the substitution of
these devices is deemed acceptable by MIGC in the exercise of its reasonable
judgement, their use for the measurement required herein will be permitted.
4. NOMINATIONS, SCHEDULING AND PRIORITY OF SERVICE
1. General - Whenever Shipper desires service, Shipper shall furnish
to MIGC a separate written nomination for each nominated Receipt and Delivery
Point under each Service Agreement with a begin date and end date, for flow
which can be several days, months or years, provided the nomination begin and
end dates are within the term of the Shipper's contract. All nominations
excluding intra-day nominations
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 56 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
shall have roll-over options. All volumes shall be expressed in dekatherms
per day and shall be stated for each Receipt and Delivery Point. If an
upstream or downstream party requires additional information, if the volumes
transported are subject to a discounted rate, or if additional information is
otherwise required by MIGC, then, upon notification by MIGC, Shipper must
include in each nomination such additional information as is specified by
MIGC. Nominations must be submitted to MIGC by fax transmission, or through
EDI where Shipper and MIGC have executed an agreement regarding such use.
Where nominations are submitted via EDI, such nominations shall conform to
Standards Board Standards 1.2.1 and 1.2.2 incorporated herein by reference.
The sending party should adhere to the nomination, confirmation and scheduling
deadlines. It is the party receiving the request who has the right to waive
the deadline. All nominations are considered original nominations and should
be replaced to be changed. MIGC will accommodate Title Transfer Tracking as
defined by the Standards Board and set forth in standards 1.3.64 and 1.3.65.
When a nomination for a date range is received, each day within that
range is considered an original nomination. When a subsequent nomination is
received for one or more days within that range, the previous nomination is
superseded by the subsequent nomination only to the extent of the days
specified. The days of the previous nomination outside of the range of the
subsequent nomination are unaffected. Nominations have a prospective effect
only. At the end of each gas day, MIGC should provide the final scheduled
quantities for the just completed gas day. With respect to the implementation
of the process via the 1.4.x scheduled quantity related standards, MIGC should
send an end of gas day Scheduled Quantity document, provided that Receivers of
the end of gas day Scheduled Quantity documents can waive this requirement.
MIGC will provide emergency and after hours telephone numbers on
MIGC's Internet site at www.migc.com, and MIGC supports a seven (7) days a
week, twenty-four (24) hours a day nomination process. Shipper must provide
MIGC with designated contact person(s) and emergency and after-hours
telephone numbers, updating such information as changes occur. MIGC will
not be liable to Shipper if Shipper's information is outdated and MIGC is
unsuccessful in its attempts to communicate with Shipper.
2. A Shipper's nomination of gas to be transported each day
shall conform to Standards Board Standard 1.3.2 (I) - (V). MIGC will support
the following standard nomination cycles:
(a) Day prior to Gas Flow (Central Clock Times):
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 56A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(1) The Timely Nomination Cycle: 11:30 a.m. for nominations leaving
control of the nominating party; 11:45a.m. for receipt of nominations by MIGC;
noon to send quick response; 3:30 p.m. for receipt of completed confirmations
by MIGC from upstream and downstream connected parties; 4:30 p.m. for receipt
of scheduled quantities by shipper and point operator.
(2) The Evening Nomination Cycle: 6:00 p.m. for nominations leaving
control of the nominating party; 6:15 p.m. for receipt of nominations by MIGC;
6:30 p.m. to send quick response; 9:00 p.m. for receipt of completed
confirmations by MIGC from upstream and downstream connected parties;10:00p.m.
for MIGC to provide scheduled quantities to affected shippers and point
operators, and to provide scheduled quantities to bumped parties (notice to
bumped parties).
(3) The Intra-day Nomination Cycle: will take effect at the start of
the gas day at 9 a.m.
(b) Day of Gas Flow (Central Clock Times):
(1) The Intra-day 1 Nomination Cycle: 10:00 a.m. for nominations
leaving control of the nominating party; 10:15 a.m. for receipt of nominations
by MIGC; 10:30 a.m. to send quick response; 1:00 p.m. for receipt of completed
confirmations by MIGC from upstream and downstream connected parties; 2:00p.m.
for MIGC to provide scheduled quantities to affected shippers and point
operators, and to provide scheduled quantities to bumped parties (notice to
bumped parties). Scheduled quantities resulting from intra-day 1 nominations
shall be effective at 5:00 p.m. on gas day.
(2) The Intra-day 2 Nomination cycle: 5:00 p.m. for nominations
leaving control of the nominating party; 5:15 p.m. for receipt of nominations
by MIGC; 5:30 p.m. to send quick response; 8:00 p.m. for receipt of completed
confirmations by MIGC from upstream and downstream connected parties; 9:00p.m.
for MIGC to provide scheduled quantities to affected shippers and point
operators. Scheduled quantities resulting from intra-day 2 nominations shall
be effective at 9:00 p.m. on gas day. Bumping is not allowed during the
intra-day 2 nomination cycle.
(3) For purposes of Sections 4.2 (a)(2) and 4.2(b)(1) and (2) above,
"provide" shall mean, for transmittals pursuant to standards 1.4.1 through
1.4.7, receipt at the designated site, and for purposes of other forms of
transmittal, it shall mean via fax transmission or by EDI if so requested.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 56B : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(c) Determination of Nomination Scheduling cycle and reservation of
capacity.
(1) MIGC shall determine the applicable Nomination process cycle
based upon the receipt time and the beginning effective Day of the
Nomination. MIGC supports beginning effective times at the grid-wide
synchronization times only (Standards Board Standard 1.3.43).
(2) MIGC will allocate capacity based on Shippers' Nominations
only during the standard Nomination cycles (Standards Board Standard
1.3.42).
(3) When a previously confirmed and scheduled quantity is
altered, notification of such alteration should be provided to all of the
parties below that are affected: 1) Confirmation Requester in a
Confirmation Response (or unsolicited Confirmation Response as applicable)
document by the Confirming Party; 2) Confirming Party in a Request for
Confirmation document by the Confirmation Requester; 3) Service
Requester(s) in a Scheduled Quantity document by the applicable Confirming
Party or Confirmation Requester on whose system the Service Requester(s)
nomination(s) were made.
Applicable notification(s) of such alterations should be provided to
the affected parties reasonably proximate in time to the time during which
the event causing the alteration was acted upon by the Confirmation
Requester or Confirming Party, respectively. With respect to the
implementation of this process via the 1.4.x standards, Confirming Parties
should send the applicable document(s) to the applicable party(ies) no
later than the next time they are slated to communicate confirmations or
scheduled quantities (as applicable) (Standards Board Standard 1.3.44).
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 57 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
3. Required Nomination changes - If estimated daily flows under a
particular Service agreement differ from the confirmed nominations, or if an
imbalance has occurred due to some other reason, then prospective nomination
change(s) (either receipt or delivery adjustments) may be required to bring
the receipt and delivery volumes into balance. When a Shipper receives
notification of a required change in the nomination, the Shipper shall be
responsible for informing upstream and downstream parties of the prospective
change and providing MIGC with a nomination as required in accordance with
Section 4.2 hereof.
4. Confirmation by MIGC - Nominations made in accordance with
Sections 4.2, 4.3, 4.5, and 4.6 hereof shall not become effective until MIGC
has confirmed the nominated receipts and deliveries with upstream and
downstream parties. Receiver of nomination initiates confirmation process.
The Confirming Party that would receive a Request for Confirmation or an
unsolicited Confirmation Response may waive obligation of sender to send
(Standards Board Standard 1.3.20). For request to confirm and confirmation
response processes, all parties will seek to confirm by means of communicating
at the applicable detail/summary level all transactions with respect to a
location (Standards Board Standard 1.3.35). Shipper shall designate the
appropriate person(s) who has the authority to resolve allocation issues if
required by MIGC and, if required by MIGC, the appropriate person(s) to
confirm nominations.
In the confirmation process, where a party requesting a confirmation (a
Confirmation Requester) is not itself a Transportation Service Provider, the
location code to be used when sending a Request for Confirmation should be the
location code associated with the location where gas will be scheduled by the
Transportation Service Provider; and, where a Confirmation Requester is also
a Transportation Service Provider; then, as between these confirming parties
(the Confirmation Requester and the Confirming Parties), and absent their
mutual agreement to the contrary, the location code to be used when sending a
Request for Confirmation should be the location code used by the
Transportation Service Provider sending the Request for Confirmation
(Standards Board Standard 1.3.36).
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 57A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(a) Unconfirmed Nominations - Unconfirmed nomination procedures
shall conform to Standards Board Standard 1.3.22 (i) - (iv) as follows:
(i) With respect to the timely nomination/confirmation process at
a receipt or delivery point, in the absence of agreement to the contrary, the
lesser of the confirmation quantities should be the confirmed quantity. If
there is no response to a Request For Confirmation or an unsolicited
Confirmation Response, the lesser of the confirmation quantity or the
previously scheduled quantity should be the new confirmed quantity.
(ii) With respect to the processing of requests for increases
during the intra-day nomination/confirmation process, in the absence of
agreement to the contrary, the lesser of the confirmation quantities should
be the new confirmed quantity. If there is no response to a Request For
Confirmation or an unsolicited Confirmation Response, the previously scheduled
quantity should be the new confirmed quantity.
(iii) With respect to the processing of requests for decreases
during the intra-day nomination/confirmation process, in the absence of
agreement to the contrary, the lesser of the confirmation quantities should
be the new confirmed quantity, but in any event no less than the elapsed-
prorated-scheduled quantity. If there is no response to a Request For
Confirmation or an unsolicited Confirmation Response, the greater of the
confirmation quantity or the elapsed-prorated-scheduled quantity should be
the new confirmed quantity.
(iv) With respect to 4.4 (a) (i) - (iii) above, if there is no
response to a Request for Confirmation or an unsolicited Confirmation
Response, MIGC shall provide the shipper with the following information to
explain why the nomination failed, as applicable:
(1) MIGC did not conduct the confirmation;
(2) Shipper is told by MIGC that the upstream confirming
party did not conduct the confirmation;
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 57B : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(3) Shipper is told by MIGC that the upstream shipper
did not have the gas or submit the nomination;
(4) Shipper is told by MIGC that the downstream
confirming party did not conduct the confirmation;
(5) Shipper is told by MIGC that the downstream
shipper did not have the market or submit the nomination.
(b) Ranking will be included in the list of data elements. Rankings
provided in a Shipper's Nominations shall be used to prioritize reductions to
requested quantities when making reductions during the scheduling process
when such prioritization is not in conflict with other provisions of this
tariff.
(c) When used, Package ID will be supported for nominating,
scheduling, confirming, allocating, and invoicing (sales and purchase), and
not required for transportation invoicing.
(d) Use of the Package ID is at the discretion of the Shipper, and if
sent, will be accepted and processed by MIGC.
(e) The declaration to the affected parties of operational flow
orders, critical periods, and/or critical notices will describe the
conditions and the specific responses required from the affected parties.
(f) The key will be composed of: shipper contract (Service
Agreement), transaction type, upstream party, upstream contract (when
applicable), receipt location (as applicable), downstream party, (as
applicable) downstream contract (when applicable), delivery location (as
applicable), package ID, upstream package ID (where mutually agreed),
downstream package ID (where mutually agreed), capacity type indicator (where
mutually agreed). Upon receipt by MIGC from a shipper of a transaction whose
key elements match those previously received by MIGC from the shipper, MIGC
will then process the begin date/time and end date/time consistent with the
intentions of the standard 1.3.7 and then process the rest of the
transaction's data elements consistent with the applicable standards to
determine the business results. When data is not supplied (e.g., is not
applicable, is not supported or is not mutually agreed upon) the pertinent
portion of the key would be determined to be null.
(g) For current in-kind fuel reimbursement procedures, fuel rates will
be made effective only at the beginning of the month.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 57C : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
Original Sheet No. 57C Original Sheet No. 57C TRANSPORTATION GENERAL TERMS AND CONDITIONS (Continued) (h) For in-kind fuel reimbursement methods, MIGC will not reject anomination for reasons of rounding differences due to fuelcalculation of less than 5 Dth. (i) For in-kind fuel reimbursement methods, MIGC will provide, ifapplicable, a fuel matrix for receipt and delivery pointcombinations. The Service Requesters should not be responsiblefor calculating and totaling fuel based on each zone or facilitytraversed. (j) The transportation priority for fuel will be the same as the levelof service as the transaction to which it applies. (k) Intra-day nominations may be used to nominate new supply ormarket. (l) Notice procedures of operational flow order conditions will beclearly defined in tariffs.
| Issued by: |
| Issue date: |
|
Effective date: 06/13/08 |
| MIGC LLC |
|
Original Sheet No. 58 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(4) Confirming Party's nightly processing and routine
maintenance occurring outside of normal business hours are apt to interrupt
the normal schedule for confirmations/quick response turnaround stated in
Standards Board Standard 1.3.45. Such delays should be kept to a minimum.
The normal schedule should be resumed at the earliest opportunity and no
later than the start of normal working hours the following day, seven days
per week (Standards Board Standard 1.3.46).
(b) Intra-day Nominations are subject to the following conditions:
(1) Intra-day Nominations may only be submitted for
points at which MIGC has sufficient measurement, telemetry and control to
allow MIGC to verify flow and at which a change in volume delivered to Shipper
can be implemented immediately by a corresponding Receipt Point volume change.
Subject to the foregoing, Intra-day Nominations can be used to request
increases or decreases in total flow, changes to receipt points, or changes
to delivery points scheduled gas.
(2) Valid Intra-day Nominations shall be processed
in the order received. Such nominations shall reflect the revised total
volumes that Shipper desires to be received and delivered during that Day.
All nominations, including Intra-day Nominations shall be based on a daily
quantity, thus an intra-day nominator need not submit an hourly nomination.
Intra-day nominations shall include an effective date and time. The
interconnected parties shall agree on the hourly flows of the intra-day
nominations, if not otherwise addressed in MIGC's Service Agreement or tariff.
Such nomination shall not automatically rollover to the next Day, but shall
be effective only for the Day submitted.
(3) For services that provide for Intra-day
Nominations and scheduling, there is no limitation as to the number of
Intra-day Nominations (Line items as per Standards Board Standard 1.2.1) which
a Shipper may submit at any one standard Nomination cycle or in total across
all standard Nomination cycles (Standards Board Standard 1.3.32).
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 58A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(4) Confirming Partys nightly processing and routine
maintenance occurring outside of normal business hours are apt to interrupt
the normal schedule for confirmations/quick response turnaround stated in
Standards Board Standard 1.3.45. Such delays should be kept to a minimum.
The normal schedule should be resumed at the earliest opportunity and no
later than the start of normal working hours the following day, seven days
per week (Standards Board Standard 1.3.46).
(b) Intra-day Nominations are subject to the following conditions:
(1) Intra-day Nominations may only be submitted for
points at which MIGC has sufficient measurement, telemetry and control to
allow MIGC to verify flow and at which a change in volume delivered to Shipper
can be implemented immediately by a corresponding Receipt Point volume change.
Subject to the foregoing, Intra-day Nominations can be used to request
increases or decreases in total flow, changes to receipt points, or changes
to delivery points scheduled gas.
(2) Valid Intra-day Nominations shall be processed
in the order received. Such nominations shall reflect the revised total
volumes that Shipper desires to be received and delivered during that Day.
All nominations, including Intra-day Nominations shall be based on a daily
quantity, thus an intra-day nominator need not submit an hourly nomination.
Intra-day nominations shall include an effective date and time. The
interconnected parties shall agree on the hourly flows of the intra-day
nominations, if not otherwise addressed in MIGCs Service Agreement or tariff.
Such nomination shall not automatically rollover to the next Day, but shall
be effective only for the Day submitted.
(3) For services that provide for Intra-day
Nominations and scheduling, there is no limitation as to the number of
Intra-day Nominations (Line items as per Standards Board Standard 1.2.1) which
a Shipper may submit at any one standard Nomination cycle or in total across
all standard Nomination cycles (Standards Board Standard 1.3.32).
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 59 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(4) Intra-day Nominations will be processed on a first
come, first served basis and are subject to the same confirmation procedures
set forth in Section 4.2 prior to becoming effective.
(5) Intra-day nominations will be scheduled ahead of
previously scheduled interruptible nominations in the evening and intra-day
1 cycles. Application of this scheduling provision may result in
interruptible nominations being bumped.
(6) Unless MIGC agrees to the contrary, a revised
nomination under an Intra-day Nomination may not exceed MDQ, prorated
equally over the day.
(7) An Intra-day Nomination is only effective for a
single day. An Intra-day Nomination does not replace the remainder of a
standing nomination. There is no need to renominate if intra-day nomination
modifies existing nomination.
6. Overrun Quantities - Shippers may submit nominations for
transportation of overrun volumes (volumes in excess of the applicable point
or Service Agreement MDQ). Overrun quantities must be requested on a
separate transaction. Receiver of nomination initiates confirmation with the
caveat that the receiver of the confirmation may relieve obligation of sender
to send.
7. Nomination Priorities - As part of the nomination process, if
there is more than one supply source nominated to be delivered to a single
Delivery Point, the nomination should identify how and which supply sources
should be cut in the event all nominated deliveries are not or cannot be
made. Similarly, the nomination should identify which delivery should be
cut in the event gas is not or cannot be received as nominated.
8. Flexible Receipt and Delivery Points - Any Shipper that has a
firm transportation Service Agreement pursuant to the firm transportation
rate schedules has the right to change
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 60 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
primary receipt and delivery points and add secondary receipt and delivery
points to such Service Agreement, subject to the following conditions:
(a) Shipper shall be able to change primary receipt and delivery
points only if service at the changed receipt or delivery point(s) does not
reduce service to any other firm Shipper with an existing right to capacity at
those same receipt or delivery point(s).
(b) Service at the secondary receipt and delivery points shall not
reduce service to any other firm Shipper receiving service at those points as
primary receipt and delivery points, or reduce service to any firm Shipper
receiving service at its primary delivery point(s) downstream from the
secondary delivery point(s);
(c) Shipper has submitted a request to MIGC to change a primary or
add a secondary receipt or delivery point(s) in accordance with the procedures
set forth in this FERC Gas Tariff Section 6.2(b) or (c); and
(d) Shipper's utilization of secondary receipt and delivery points
shall not serve to increase Shipper's Maximum Daily Quantity as specified in
the Service Agreement.
9. Scheduling and Priority - To the extent capacity does not exist to
provide for all volumes nominated by Shippers on a firm basis within Shipper's
Maximum Daily Quantity and Transportation Contract Demand at primary points and
paths and at secondary points and paths, MIGC shall schedule all primary,
secondary and segmented volumes nominated and tendered in sequence as follows:
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 60A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(a) First, service will be scheduled on a pro rata basis for the
following firm services in order of highest priority;
(i) first priority for volumes (up to the Maximum Daily
Quantity or the Transportation Contract Demand, whichever is applicable,
provided in the applicable service agreement) nominated by MIGC's firm
transportation Shippers utilizing primary capacity where the constraint
point exists. This may apply at a receipt or delivery point or along a
transportation segment.
(ii) second priority for volumes nominated by MIGC's firm
transportation Shippers utilizing secondary capacity where the constraint
point exists. This may apply at a receipt or delivery point or along a
transportation segment. Nominations for a transportation segment are
limited to the Transportation Contract Demand of the underlying applicable
service agreement. For purposes of determining if segment nominations are
in excess of the Transportation Contract Demand, nominations by Releasing
Shipper and nominations by Replacement Shippers shall be totaled together.
Secondary nominations at a point may exceed the Maximum Daily Quantity
without being considered overrun volumes unless the resulting total volumes
nominated for a transportation segment exceed the Transportation Contract
Demand for that segment. All nominations utilizing secondary capacity are
subject to the availability of capacity, Transporter's existing contractual
obligations, and the maintenance of a safe, reliable and efficient
operating system as determined by Transporter. A firm Shipper may segment
its capacity by transporting in a forward haul up to its full
Transportation Contract Demand and a backward haul up to its full
Transportation Contract Demand to the same point at the same time.
(b) Then, service will be scheduled for Shippers paying MIGC's
maximum interruptible rates as shown on Sheet No. 4 for
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 61 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
Rate Schedule ITS-1 (up to the Maximum Daily Quantity provided in the
applicable service agreement) on a first come/first served basis among
Shippers receiving interruptible transportation service under Rate Schedule
ITS-1 or Authorized Overrun Service. First in time priority shall be
determined:
(1) As to any Shipper who has furnished MIGC with a completed
request complying with the requirements of Section 6.3 herein, when accepted
by MIGC in an executed Transportation Service Agreement, such Shipper will be
entitled to priority over any Shipper furnishing MIGC with a completed request
or initiating or increasing service under Paragraph (1) above on a later date
and such Shipper's service shall be unaffected by and shall have priority over
subsequent requests for service under Rate Schedule ITS-1;
(2) As to any Shipper requesting transportation service
under any interruptible rate schedules, MIGC will not schedule nominations
that increase the amount of natural gas moved (or nominated to be moved in the
event of force majeure) at any receipt or delivery point above that amount of
natural gas moved at said point the prior scheduling period if such increase
would cause the reduction of any other Shipper's gas which was moved and was
scheduled to be moved the prior scheduling period;
(3) As to any Shipper requesting Authorized Overrun Service,
such service shall be scheduled on a first-come, first-served basis.
Unless otherwise specified in the applicable capacity release Agreement,
access to authorized overrun volumes between a Releasing Shipper and
Replacement Shippers shall also be scheduled on a first-come, first-served
basis.
(c) Then, service will be scheduled for Shippers paying less than
the maximum interruptible rates as shown on Sheet No. 4 for Rate Schedule
ITS-1 (up to the Maximum Daily Quantity provided in the applicable service
agreement) on an economical basis among Shippers receiving interruptible trans-
portation service under Rate Schedule ITS-1. First in priority shall be those
Shippers paying a higher rate followed by those Shippers paying a lower rate.
For Shippers paying the same discounted rate then priority shall be scheduled
in accordance with Section 4.9 (b).
10. Capacity Related Curtailments - When circumstances arise after
scheduling has occurred which restrict MIGC's ability to provide transporta-
tion for all gas tendered under executed Transportation Service Agreements
with Shippers on MIGC's
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 62 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
system and require service to be curtailed, service shall be curtailed in
reverse order of scheduling.
(a) Firm Services - Where available capacity is less than the
aggregate capacity required to satisfy all requests for firm transportation
service, whether from primary or secondary receipt points or to primary or
secondary delivery points, the following principles shall apply:
(i) The basis for allocating firm transportation capacity on a
pro rata basis through MIGC's system or any segment of MIGC's system shall be
the aggregate of volumes nominated for delivery to MIGC ("Receipt Volumes")
(less volumes to be redelivered by MIGC ("Delivery Volumes")) upstream of the
point where capacity is constrained, which are included under a firm trans-
portation agreement of a Shipper and which are nominated for shipment on any
segment of the MIGC system.
The individual allocations of capacity shall be determined by dividing
the net of Receipt Volumes and Delivery Volumes, as described above, for a firm
transportation customer which is upstream of the location where capacity is
constricted, by the maximum daily quantities of all firm transportation
customers requesting service through the point where capacity is
constrained. The resulting factor shall be multiplied by the available
capacity to determine the amount of capacity available to a particular
firm transportation customer.
(b) Interruptible Services - Notwithstanding anything to the
contrary in this Section 4.10, with respect to interruptible transportation
service:
(i) Shipper cannot increase the amount of natural gas moved
(or nominated to be moved in the event of force majeure) at any receipt or
delivery point above that amount of natural gas moved at said point the prior
day if such increase would cause the reduction of another Shipper's gas which
was moved and was scheduled to be moved the prior day;
(ii) a Shipper paying less than the applicable maximum rate
that has agreed to a lesser priority of service in the Transportation Service
Agreement will be curtailed prior to those Shippers that have not agreed to
such lesser priority. MIGC will note on its transportation request log
those Shippers
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 63 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
that have agreed to a lesser priority of service in return for a rate adjust-
ment.
In the event that capacity is restricted on a part, but not all, of
the MIGC system, curtailments will be restricted to those parties utilizing the
part of the system on which the restriction has occurred.
11. Compliance With Applicable Rate Schedules - With respect to any
Shipper that:
(a) fails to comply with the terms of the applicable rate schedule
and the terms of Shipper's Transportation Service Agreement with MIGC; or
(b) is or has become insolvent or who, at MIGC's request, fails
prior to the commencement of transportation or within seven days of a request
from MIGC to demonstrate credit-worthiness in the manner set forth in Section
6.3(g) hereof and does not choose to avail itself of the procedures established
in Section 6.3(g) hereof;
MIGC shall have in addition to any other rights hereunder or in law the
right, upon giving Shipper written notice of noncompliance with the terms of
the applicable rate schedule or the terms of Shipper's Transportation Service
Agreement with MIGC, to take appropriate legal steps to suspend, terminate, or
abandon service if Shipper fails to remedy said noncompliance within the period
specified by MIGC, and Shipper shall be deemed by its failure to remedy
noncompliance to have consented to such abandonment and termination of service.
For purposes of this FERC Gas Tariff, the insolvency of a Shipper
shall be evidenced by the filing by such Shipper or any parent entity thereof
(hereinafter collectively referred to as "the Shipper") of a voluntary
petition in bankruptcy or the entry of a decree or order by a court having
jurisdiction in the premises adjudging the Shipper as bankrupt or insolvent, or
approving as properly filed a petition seeking reorganization, arrangement,
adjustment or composition of or in respect of the Shipper under the Federal
Bankruptcy Act or any other applicable federal or state law, or appointing
a receiver,liquidator, assignee, trustee, sequestrator (or other similar
official) of the Shipper or of any substantial part of its property, or
ordering of the winding-up or liquidation of its
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 64 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
affairs, with said order or decree continuing unstayed and in effect for a
period of sixty (60) consecutive days.
5. DETERMINATION OF RECEIPTS AND DELIVERIES AND BALANCING OF TRANSPORTATION
QUANTITIES
1. Receipts - Unless otherwise agreed upon by MIGC and the deliver-
ing party under a PDA or an OBA, the actual quantity received shall be allo-
cated pro-rata among all Shippers based on each Shipper's approved and
accepted nominations.
2. Deliveries - Unless otherwise agreed upon by MIGC and the receiv-
ing party under a PDA or an OBA, the actual quantity delivered shall be
allocated as follows: first, nominated quantities under Rate Schedule FTS-1
up to MDQ; and second, ITS-1 and authorized overrun quantities, pro-rata.
3. Applicability of OBAS and PDAS - MIGC will enter into an OBA or
PDA with any party who operates the facilities at a receipt or delivery
point on MIGC's transmission system if such party meets MIGC's credit-
worthiness standards.
PDAs and OBAs will remain in effect during periods of daily balancing.
Only one PDA allocation methodology can be applied per allocation period.
MIGC will post on its Internet site the OBA or PDA methodology in effect at
each receipt and delivery point.
(a) PDAs shall be established using the allocation methodologies and
criteria set forth in the Standards Board Standards. Specifically, Transporter
has incorporated by reference the following Standards Board Standards: 2.3.1,
2.3.2, 2.3.4, 2.3.5, 2.3.6, 2.3.15, 2.3.16, 2.3.17, 2.3.18, 2.3.19, 2.3.20,
2.3.23, 2.3.25, and 2.3.27.
(b) The timing for reporting daily operational allocations after the
gas has flowed is within one Business Day after end of Gas Day. If the best
available data for reporting daily operational allocations is the scheduled
quantity, that quantity should be used for the daily operational allocation.
MIGC shall comply with Standards Board Standard 2.3.21 as applicable.
(c) The responsibility for calculation and reporting of allocated
quantities should rest with the party responsible for accepting Standards Board
allocation types. The party receiving
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 65 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
nominations should provide allocation statements. (Standards Board Standard
2.3.22).
(d) MIGC may enter into Operational Balancing Agreements (OBA) at
Points of Receipt and Delivery with the Interconnecting party. Such OBA provide
for the allocation of Confirmed Nominations to the Shipper's accounts with any
operational variances allocated to the OBA. Locations covered by an effective
OBA do not require an additional PDA. Therefore, there is no need for shipper
to submit a PDA if MIGC has an OBA in effect a receipt or delivery point.
Any new or proposed change to the methodology should be sent to MIGC
on or before the gas day on which the methodology is to be effective. MIGC
shall confirm receipt of the methodology within 15 minutes if it is sent
during business hours by fax transmission or EDI.
4. Daily Receipt Variances - If, on a daily basis, receipts at MIGC
receipt points under a Transportation Service Agreement differ from Shipper's
daily nominations under such agreement by more than ten percent (10%) of such
daily nomination, Shipper shall pay MIGC, in addition to charges pursuant to
the rate provisions of the applicable MIGC Rate Schedule and any other
applicable charges under these Transportation General Terms and Conditions an
amount equal to the maximum ITS-1 rate times the total volume of any such
difference, and MIGC may suspend receipts or deliveries (as appropriate)
under such agreement pursuant to Section 15.3 or Section 4.11 until such time
as Shipper is in balance. Provided, however that if a daily receipt variance
under an ITS-1 Transportation Service Agreement arises during a non-critical
period as a result of "bumping" (as defined herein), any penalty which would
be otherwise applicable to such variance will be waived.
(a) The penalty value determined in Section 4 above will be credited
to account 242, Miscellaneous Current and Accrued Liabilities, and maintained
for each Shipper. At the close of each twelve (12) month period from the
effective date of this tariff sheet, MIGC will credit the amounts, if any,
recorded in any Shipper's account, net of any costs incurred, to the other
shippers not incurring a penalty described in Section 4 above during the same
twelve (12) month period.
5. Balancing - An imbalance results when a Shipper makes delivery (or
causes the delivery) to MIGC at the receipt point(s) under a Transportation
Service Agreement of a quantity of gas which, after appropriate reduction
for fuel and loss, is less than or greater than the quantity of gas taken
from MIGC at the delivery point(s) under such agreement. Shipper shall
maintain thermal balancing of receipts and deliveries under each agreement on
a daily basis. Except with respect to periods during which actions by MIGC or
force majeure with respect to MIGC have caused imbalances or rendered Shipper
incapable of curing imbalances during applicable periods, the procedures
contained in this Section 5 hereof shall apply. However, no imbalance penalty
shall be imposed when a prior adjustment applied to the current period causes
or increases a current month penalty.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 66 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
6. Monthly Imbalances - Monthly imbalances result when actual
deliveries by Shipper to MIGC at the aggregate of MIGC's receipt points under
a Transportation Service Agreement, less applicable fuel and unaccounted for
loss reimbursement volumes, vary in any billing month from the aggregate of
deliveries at MIGC's delivery points under such agreement that month.
(a) MIGC shall determine the monthly imbalance quantity attributable
to each Transportation Service Agreement for each Shipper through the last day
of the billing month, with the cutoff for the closing of measurement being
five (5) business days after the business month. Measurement data, which is
missing or late, shall be estimated by the measuring party, with subsequently
obtained actual data to be treated as a prior period adjustment. Prior period
measurement adjustments shall be reported as a restated line item reflecting
the new total quantity by Day and by Month (Standards Board Standard 2.3.12).
MIGC shall then net imbalance quantities arising under each Transportation
Service Agreement with each Shipper for such month against imbalance quantities
arising under all other Transportation Service Agreements with such Shipper for
such month, to determine one monthly imbalance quantity for each Shipper.
(b) The cumulative imbalance quantity shall be calculated as the
cumulative total of all previous and current monthly imbalance quantities which
have not been cashed out, swapped or cured in any other manner as allowed in
this tariff. If the cumulative imbalance quantity for a Shipper exceeds five
(5) percent of the total monthly quantities received or delivered, as
applicable, under all of Shipper's Transportation Service Agreements, MIGC
shall notify Shipper of such imbalance by time-stamping and delivering to
Shipper's designated address on or before the ninth (9) business day after the
end of the month in which the excess occurred an Imbalance Statement,
indicating the level of the Shipper's cumulative imbalance for the preceding
billing month. Shipper shall have thirty (30) days from the date of the
Imbalance Statement to cure the cumulative imbalance either through additional
deliveries to or receipts of gas from MIGC, or by the use of Imbalance Swaps.
(i) "Imbalance Swaps" shall mean the reallocation of cumulative
imbalance quantities from one Shipper to another Shipper in order to reduce the
cumulative imbalance quantities of both Shippers.
(ii) Shippers shall negotiate the terms of any Imbalance Swaps
among themselves. The results of any successfully negotiated Imbalance Swaps
must be reported to MIGC, in writing (Imbalance Trade Confirmation), by all
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 66A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
Shippers involved within the thirty (30) day period provided for curing
cumulative imbalances, in order for such transactions to be considered by
MIGC in its determination of Cash Out calculation, as set forth below. After
receipt of an Imbalance Trade Confirmation, MIGC shall send an Imbalance
Trade Notification to the initiating trader and the confirming trader no later
than noon (central clock time) the next business day.
(c) The term "Cash Out" shall refer to the resolution of the cumulative
imbalance quantity by the procedures set forth in this Section 5.6(c)
pursuant to which a market index rate is multiplied by the cumulative imbalance
quantity to determine an amount payable either to MIGC or shipper to eliminate
the cumulative imbalance. If a Shipper's cumulative imbalance quantity remains
at or above five (5) percent by the end of the thirty (30) day period for
curing imbalances, Shipper shall be subject to the following Cash Out
provisions as to the entire remaining cumulative imbalance quantity, provided,
however, that cumulative imbalance volumes which have occurred at an
interconnection between MIGC's system and another interstate pipeline will not
be subject to these Cash Out provisions when it is determined by MIGC that
Shipper is not at fault for the imbalance.
(i) The cash out Index Price shall be the average of each Daily
Mid Point Price for Colorado Interstate Gas Company (North System) as
published by Gas Daily (Pasha Publications) for the month in which the
imbalance occurred.
(ii) Where the cumulative imbalance represents volumes owed to
MIGC, Shipper shall pay MIGC an amount equal to 110% of the Cash Out Index
Price times the cumulative imbalance quantity.
(iii) Where the cumulative imbalance represents volumes owed
Shipper by MIGC, MIGC shall pay Shipper any amount equal to 90% of the Cash
Out Index Price times the cumulative imbalance quantity.
(iv) Notwithstanding the above, should MIGC, at its discretion,
deliver or cause to be delivered volumes which would otherwise cause Shipper
to incur a Cash Out fee for non-conforming redeliveries, MIGC shall notify
Shipper, and such Cash Out fees will be reduced to the extent applicable.
Any resulting imbalances shall be made up on a mutually agreeable basis as
soon as possible.
(v) Payment of Cash Out amounts as determined above shall
resolve all cumulative imbalance quantities considered in such Cash Out
calculations.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 66B : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(vi) The value of the difference between 100% of the price
determined in (i) and the cash out value determined in either (ii) or (iii)
above, will be credited to account 242, Miscellaneous Current and Accrued
Liabilities, and maintained by Shipper. At the close of each twelve (12)
month period from the effective date of this tariff sheet, MIGC will refund
the amounts, if any, recorded in any Shipper's account to the other shippers
on MIGC's system during the same twelve (12) month period, such amount to be
allocated among the shippers based on receipts into the pipeline stated in
MMBtus.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 67 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
7. Resolution of Final Imbalances - Imbalances existing at the
termination of any FTS-1 and ITS-1 Agreement shall (unless that agreement is
renewed or rolled over) be made up within sixty (60) days after termination of
the FTS-1 and ITS-1 Agreements. Any imbalances not made up within that
period shall be eliminated through the procedures set forth in Section 5.6.
6. TRANSPORTATION REQUEST LOG; INFORMATION REQUIREMENTS:
1. Initial Requests - MIGC will keep a log of all requests for
interruptible transportation received at its offices, by the time and date
MIGC receives a complete request for service under this FERC Gas Tariff, which
conforms to Section 6.3. MIGC shall consider for transportation service under
the appropriate interruptible Rate Schedule all complete requests in the order
received.
(a) With respect to all requests for transportation service by a
Shipper who had not contracted for service prior to June 30, 1986, and for
those Shippers who had contracted for service prior to June 30, 1986 but who
desire to amend their transportation agreement, the provisions of Sections
6.1 through 6.3 shall govern.
(b) MIGC will inform potential Shippers in writing of any defects
in the Shipper's request within seven (7) days of receipt, after which Shipper
will have seven (7) days to cure listed defects in order to maintain its place
on the log. Requests not cured within said period will be deemed null and
void.
(c) Valid and cured requests will be acknowledged in writing by MIGC
within seven (7) days of receipt (of initial request or information curing
defective request, as the case
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 68 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
may be) by MIGC, after which MIGC will forward to Shipper within seven (7)
additional days a Transportation Service Agreement signifying acceptance of the
Shipper's request for transportation. If Shipper does not execute and return
said Transportation Service Agreement and other information required by Section
6.3 within seven (7) days, Shipper's request will be deemed null and void and
Shipper's request will be removed from the request log.
(d) Requests for transportation under this FERC Gas Tariff will be
invalid and will not be considered if service is requested to commence later
than sixty (60) days after the information specified in Section 6.3 of this
FERC Gas Tariff is provided to MIGC.
2. Changes to Initial Requests or Transportation Service Agreements -
Interruptible Shippers, including those with accepted requests for transporta-
tion, shall be allowed, to the extent authorized by the FERC, to change receipt
and delivery points, provided that sufficient capacity exists in MIGC's
existing facilities. Firm Shippers shall be allowed to change receipt and
delivery points in accordance with Section 4.8.
(a) Changes in Receipt and Delivery Points - If an interruptible
Shipper with an accepted request for transportation or executed Transportation
Service Agreement desires to change Receipt or Delivery Points and/or the
portion of a Maximum Daily Quantity applicable to each, such interruptible
Shipper shall advise MIGC of the request for transportation sought to be
amended and the particulars in which such requests is amended, in accordance
with the requirements of Section 6.3 hereof.
(b) Changes in Primary Receipt and Delivery Points - If a firm
Shipper with an executed Firm Transportation Service Agreement desires to
change primary receipt or delivery point(s), such firm Shipper shall be able to
do so without losing priority of service provided that:
(1) Sufficient capacity exists at the changed receipt or
delivery point(s), and
(2) Shipper has advised MIGC of the changes sought and the
particulars in which Shipper desires that MIGC amend the transportation
agreement, in accordance with the requirements of Section 6.3(a), (b) and/or
(c) hereof.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 69 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(c) Addition of Secondary Receipt and Delivery Points - If a firm
Shipper with an executed Firm Transportation Service Agreement desires to add
secondary receipt or delivery points, such firm Shipper shall be able to do so
without losing priority of service provided that:
(1) Sufficient capacity exists at the secondary receipt or delivery
points, and
(2) Shipper has advised MIGC of the additional receipt and delivery
points sought and the particulars in which Shipper desires that MIGC amend the
transportation agreement to add the secondary receipt or delivery point(s) in
accordance with the applicable requirements of Section 6.3(a), (b) and/or (c).
3. Information Requirements - Shippers shall provide MIGC with all
Standards Board required data. Requests for transportation hereunder,
including requests for changes in accepted requests or existing Transportation
Service Agreements, shall be made by providing the following information in an
e-mail to the address provided on MIGC's internet site which is provided in
Section 22, to the attention of MIGC Services. A signed copy of the request
shall be faxed within 48 hours of the e-mail request:
(a) Gas Quantities - The Maximum Daily Quantity applicable to each
receipt and delivery point, and estimated total quantities to be received and
transported over the delivery period should be stated individually in both
Mcfs and dekatherms for each point of receipt and each point of delivery.
Requests for transportation of less than 50 dekatherms per day will not be
accepted by MIGC.
(b) Receipt Point(s) -
(1) The point(s) of entry into MIGC's system; and
(2) The name of the pipeline, gatherer or other entity
delivering the gas to MIGC's system.
(c) Delivery Point(s) -
(1) Point(s) of delivery by MIGC;
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 70 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(2) The name of the pipeline, local distribution company or other
entity receiving the gas downstream of MIGC.
(d) Term of Service -
(1) Date service requested to commence; and
(2) Date service requested to terminate.
(e) Transportation Rate Requested - Shipper shall specify whether the
service requested is firm(FTS-1) or interruptible(ITS-1) and that it is willing
to pay the maximum Rate provided for the applicable Rate Schedule or, if such
is not the case, will specify the rate at which it is willing to execute a
Transportation Service Agreement. MIGC shall be under no obligation to
accept requests for transportation at less than the applicable maximum Rate.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 70A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(f) Performance - A letter from Shipper certifying that Shipper has
title to the gas to be delivered to MIGC for transportation, or has a current
contractual right to acquire title to the gas prior to its delivery to MIGC,
and has entered into or will enter into those arrangements necessary to assure
all upstream and downstream transportation will be in place prior to the
commencement of transportation service.
(g) Creditworthiness - MIGC may initiate a creditworthiness re-
evaluation for any Shipper. A Shipper which has not demonstrated adequate
creditworthiness through past transactions with MIGC or for who MIGC has
initiated a re-evaluation shall, prior to the commencement of transportation or
within seven days of a request from MIGC to demonstrate creditworthiness,
provide information sufficient to demonstrate its creditworthiness to MIGC.
MIGC will comply with Standard Board Standards 0.3.3 through 0.3.10.
(1) Evidence of creditworthiness may include the following, as
applicable to Shipper:
(i) a copy of Shipper's most recent audited financial statement;
(ii) a copy of Shipper's most recent annual report and 10-K form;
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 71 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(iii) a list of affiliated companies, including Shipper's
parent company, subsidiary companies, and other affiliated companies, if any;
(iv) bank or other credit references;
(v) additional credit information specifically requested by
MIGC or submitted by Shipper to establish minimal credit worthiness of Shipper.
MIGC will take all reasonable and necessary steps to protect the
confidentiality of financial information submitted by Shipper.
(2) If Shipper chooses not to supply the information in (1)
hereof or after submitting such information is determined by MIGC not to be
creditworthy, Shipper may receive or continue to receive interruptible
service under this FERC Gas Tariff if Shipper supplies within seven (7) days
of a request by MIGC and keeps in place a letter of credit or similar good and
sufficient security against which MIGC may draw if Shipper fails to remit when
due amounts owed for transportation service actually rendered. Such letter of
credit or other similar assurance shall be sufficient to reimburse MIGC for
three (3) months of transportation service to the Shipper at the Shipper's
total Maximum Daily Quantity times the effective ITS-1 rate. Failure on
Shipper's part to provide the security set forth herein will be deemed to be
consent on the part of Shipper for MIGC to delete Shipper's request from its
transportation request log or to take appropriate legal steps to cease
rendering service as the circumstances warrant or require.
(h) Affiliate Information
(1) The specific affiliation of the requester with MIGC, and the
extent of MIGC's affiliation, if any, with the person to be provided
transportation service.
(2) The identity of the Shipper making the request for
transportation service including designating whether the Shipper is a Local
Distribution Company, an Interstate pipeline, an intrastate pipeline, and End
User, a Producer, or a Marketer.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 72 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(i) Subsequent Information
Shipper will provide to MIGC at the time of execution of the Transportation
Service Agreement the names of all upstream and downstream entities trans-
porting gas for Shipper and the name of any intrastate pipeline or LDC using
the gas to be transported for system supply and the end-user of gas, as
applicable.
7. QUALITY
1. Specifications - Except as otherwise provided below, all natural
gas delivered to MIGC at mainline Receipt Point(s) and all natural gas
delivered by MIGC at the Delivery Point(s) shall conform to the following
specifications:
(a) Oxygen - The oxygen content shall not exceed one-tenth of one
percent (0.1%) by volume and every reasonable effort shall be made to keep the
gas delivered free of oxygen.
(b) Liquids - The gas shall be free of water and hydrocarbons in
liquid form at the temperature and pressure at which the gas is delivered.
The gas shall in no event contain water vapor in excess of five (5) pounds
per million cubic feet.
(c) Hydrogen Sulphide - The gas shall not contain more than one (1)
grain of hydrogen Sulfide per one hundred (100 ) cubic feet.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 73 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(d) Total Sulphur - The gas shall not contain more than twenty (20)
grains of total sulphur per one hundred (100) cubic feet.
(e) Carbon Dioxide - The gas shall not have a carbon dioxide
content in excess of three percent (3%) by volume.
(f) Dust, Gums, and Solid Matter - The gas shall be commercially
free of dust, gums, and other solid matter.
(g) Heating Value - The gas shall contain an average heating content
of not less than nine hundred sixty-eight (968) Btu's per cubic foot nor more
than twelve hundred (1,200) Btu's per cubic foot.
(h) Temperature - The gas shall be delivered at temperatures not in
excess of one hundred twenty degrees Fahrenheit (120 F).
MIGC agrees to accept natural gas which differs from the quality
specifications set forth above only until such time as MIGC, in its reasonable
discretion and judgement, determines that natural gas received for transporta-
tion must conform to the quality specifications set forth above to maintain
desired standards in and/or prudent operation of part or all of MIGC's system.
Upon such a determination, MIGC will notify Shipper that, within a
specified period of time, all prospective deliveries must comply with the
quality specifications set forth above or the provisions of
Section 7.2 below shall be applicable to all natural gas tendered for
transportation which does not so comply.
2. If, at any time, gas tendered by Shipper for transportation by MIGC
shall fail to substantially conform to any of the applicable quality
specifications, MIGC shall notify the Shipper of such quality deficiency; and
in the event that within the specified period of time set forth in the
notification the Shipper fails to remedy any such quality deficiency to the
extent necessary, MIGC may, at its option, refuse to accept delivery pending
further correction of the deficiency by the Shipper to the extent necessary, or
cause the processing of such gas at the Hilight Plant to bring such gas into
conformity with the applicable quality standards. Failure by either MIGC or
Shipper to tender deliveries that conform to any of the applicable quality
specifications shall not be construed to eliminate, or limit in any manner, the
rights and
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 74 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
obligations existing under any other provisions of the executed Trans-
portation Service Agreement. MIGC will not exercise the option provided herein
in a manner that is unduly discriminatory or otherwise inconsistent with the
regulations of the FERC.
8. BILLING AND PAYMENT
1. Billing - MIGC shall prepare the transportation invoice on or before
the ninth (9th) business day of the month for services provided during
the preceding calendar month. MIGC shall render an imbalance
statement to Shipper prior to or with the invoice. Render is defined as
postmarked, time-stamped, and delivered to the designated site. MIGC
shall comply with the Standards Board invoicing standards. Missing or
late measurement data will be estimated, with the measuring party to
provide the estimate and MIGC will invoice based on estimated
volumes. When actual data is received it will be treated as a prior period
adjustment.
It is Transporter's intent to comply with the standards published by the
Standards Board. The Standards Board Standards related to this billing
and Payment section are: 3.1.1, 3.1.2, 3.2.1, 3.3.1, 3.3.2, 3.3.3, 3.3.4,
3.3.5, 3.3.6, 3.3.7, 3.3.8, 3.3.9, 3.3.10, 3.3.11, 3.3.12, 3.3.13, 3.3.14,
3.3.15, 3.3.16, 3.3.17, 3.3.18, 3.3.19, 3.3.20, 3.3.21, 3.3.22, 3.3.23,
3.3.24, 3.3.25 and 3.3.26.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 75 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
Reserved For Future Use
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 76 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
2. Payment by Wire Transfer - Payment to MIGC for services rendered
during the preceding month shall be due on the twenty-six (26) day of the
calendar month next succeeding that month for which such service was rendered
and shall be paid by Shipper on or before such due date. Subject to the
provisions of Section 8.3 below, Shipper shall make such payment to MIGC by
wire transfer in immediately available funds to a depository designated by
MIGC. When the due date falls on a day that the designated depository is not
open in the normal course of business to receive Shipper's payment, Shipper
shall cause such payment to be actually received by MIGC on or before the
first business day on which the designated depository is open after such due
date. Shipper shall identify the invoice number on the payment.
3. Payment Other Than by Wire Transfer - In the event that Shipper
is unable to make payment by wire transfer, then payment to MIGC for services
rendered during the preceding month shall be due on the twenty-fifth (25th)
day of the calendar month next succeeding that month for which such service
was rendered. Shipper shall cause payment for such bill to be actually
received by MIGC at either MIGC's office in Denver, Colorado, directed to the
attention of General Accounting or at a lock box designated by MIGC, on or
before such due date. When the due date falls on a day that MIGC's offices
located in Denver, Colorado, are not open in the normal course of business to
receive Shipper's payment, Shipper shall cause such payment to be actually
received by MIGC on or before the last business day on which MIGC's offices
located in Denver, Colorado, are open prior to such due date. Shipper shall
identify the invoice number on the payment.
4. Failure to Pay Bills -
(a) Should Shipper fail to pay all of the amount of any bill
when the same becomes due, Shipper shall pay MIGC a late
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 77 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
charge on the unpaid balance that shall accrue on each calendar day from the
due date at a rate equal to the then effective FERC interest rate per annum
announced pursuant to 18 C.F.R. Section 154.67(c) (or any analogous successor
regulation), provided that for any period that such late charge exceeds any
applicable maximum Rate permitted by law, the late charge shall equal said
applicable maximum Rate. The late charge provided for by this Paragraph shall
be compounded quarterly. If either principal or late charges are due, any
payments thereafter received shall first be applied to the late charges due,
then to the previously outstanding principal due and, lastly, to the most
current principal due.
(b) If any bill remains unpaid for thirty (30) days after the due
date thereof:
(1) MIGC shall have in addition to any other rights hereunder or in
law the right, upon giving Shipper written notice, to take appropriate legal
steps to suspend or terminate service and Shipper, by its non-payment of
amounts due within five (5) days of notice, shall be deemed to have consented
to such suspension or termination of service;
(2) provided, however, that if Shipper in good faith disputes the
amount of any bill or part thereof then Shipper shall provide documentation
identifying the basis for the dispute. Shipper shall pay to MIGC such amount,
if any, that Shipper concedes to be correct and, if within five (5) days of the
written notice provided hereunder Shipper furnishes MIGC with sufficient surety
bond in an amount and with surety satisfactory to MIGC or other acceptable
assurance to MIGC, guaranteeing payment to MIGC of the amount ultimately found
due upon such bill after a final determination which may be reached either by
agreement or by judgment of the courts, as the case may be, then MIGC shall not
be entitled to take actions necessary to suspend or terminate further
deliveries unless and until default be made in the conditions of such bond or
assurance.
5. Delayed Bill - If MIGC fails to render to Shipper any invoice by the
ninth (9th) business day of the month then the time for payment shall be
extended by one (1) day from each day that the rendering of said bill is
delayed unless Shipper is responsible for such delay.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 78 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
6. Adjustment of Errors - All claims of either MIGC or Shipper that
measurement is in error, for any reasons, as to the gas received and/or
delivered must be submitted in writing by such party to the other party within
six (6) months from the date of the invoice in which the error is claimed to
have occurred, followed by a three (3) month rebuttal period, or else such
claim shall be deemed to have been waived by the aggrieved party. This time
limitation will not apply in the case of deliberate omission or mutual mistake
of fact. Also, the parties' other statutory or contractual rights shall not
otherwise be diminished by this provision. A meter adjustment or correction
becomes a prior period adjustment after the fifth (5th) Business Day following
the production month. Any measurement prior period adjustments are taken back
to the production month.
7. Fees - Shipper shall reimburse MIGC within ten (10) days of invoice
thereof for all filing and other fees which are due pursuant to the FERC's
Regulations and which are attributable to an executed Transportation Service
Agreement.
9. FORCE MAJEURE
1. Effect of Force Majeure - In the event of either MIGC or Shipper
being rendered unable by force majeure to wholly or in part carry out its
obligations under the provisions of the executed Transportation Service
Agreement, it is agreed that the obligations of the party affected by such
force majeure, other than to make payments due, shall be suspended without
liability for breach of contract during the continuance of any inability so
caused and such cause shall, so far as possible, be remedied with all
reasonable dispatch. A force majeure event affecting the performance by
either party shall not relieve it of liability in the event of its concurring
negligence, where such negligence was a cause of the force majeure event, or
in the event of its failure to use reasonable diligence to remedy the
situation and remove the cause in an adequate manner and with all reasonable
dispatch, nor shall such causes or contingencies relieve either party of
liability unless such party shall give notice and full particulars of the
same in writing to the other party as soon as possible after the occurrence
relied on.
2. Definition of Force Majeure - The term "force majeure" as employed
herein shall mean acts of God, strikes, lockouts or other industrial
disturbances, failure of any third parties necessary to the performance by
either MIGC or Shipper under
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 79 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
the executed Transportation Service Agreement, inability to obtain pipe or
other material or equipment or labor, wars, riots, insurrections, epidemics,
landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests
and restraint of rulers and people, interruptions by government or court
orders, present or future orders of any regulatory body having proper
jurisdiction, civil disturbances, explosions, breakage or accident to
machinery or lines of pipe, freezing of wells or pipelines, and any other cause
whether of the kind herein enumerated or otherwise, not within the control of
the party claiming suspension and which, by the exercise of due diligence, such
party is unable to overcome. Nothing contained herein, however, shall be
construed to require either party to settle a strike against its will.
10. CONTROL AND POSSESSION OF NATURAL GAS
1. As between MIGC and Shipper, MIGC shall be deemed to be in control
and possession of the natural gas from the time it is delivered to MIGC at the
Receipt Point(s) until it is redelivered to Shipper at the Delivery Point(s),
and Shipper shall be deemed to be in control and possession of the
natural gas at all other times.
2. MIGC shall have no responsibility prior to its acceptance of
natural gas at the receipt point(s) and after delivery at the delivery
point(s), and Shipper shall have sole responsibility for all arrangements
necessary for delivery of natural gas to MIGC at the receipt point(s) for
transportation, and for all arrangements necessary for receipt of natural
gas for the account of Shipper at the delivery point(s), which arrangements
otherwise meet the provisions set forth in these Transportation General Terms
and Conditions.
11. ADVERSE CLAIMS TO NATURAL GAS
1. Notwithstanding anything to the contrary in the executed Transporta-
tion Service Agreement Shipper agrees to indemnify and hold harmless MIGC, its
officers, agents, employees and contractors against any liability, loss or
damage whatsoever, including costs and attorneys' fees, suffered by MIGC, its
officers, agents, employees or contractors, where such liability, loss or
damage arises directly or indirectly out of any demand, claim, action, cause
of action or suit brought by
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 80 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
any person, association or entity, public or private, asserting ownership of or
an interest in the natural gas tendered for transportation.
12. INDEMNIFICATION
1. Shipper agrees to indemnify and hold harmless MIGC, its officers,
agents, employees and contractors against any liability, loss or damage
whatsoever occurring in connection with or relating in any way to the executed
Transportation Service Agreement, including costs and attorneys' fees, whether
or not such liability, loss or damage results from any demand, claim, action,
cause of action, or suit brought by Shipper or by any person, association or
entity, public or private, that is not a party to the executed Transportation
Service Agreement, where such liability, loss or damage is suffered by, its
officers, agents, employees or contractors as a direct or indirect result of
any breach of the executed Transportation Service Agreement or sole or
concurrent negligence or gross negligence or other tortuous act(s) or
omission(s) by Shipper, its officers, agents, employees or contractors.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 81 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
13. ODORIZATION
1. As between MIGC and Shipper, MIGC shall have no obligation
whatsoever to odorize the natural gas delivered, nor to maintain any odorant
levels in such natural gas. Notwithstanding anything to the contrary in the
executed Transportation Service Agreement, Shipper agrees to indemnify and hold
harmless MIGC, its officers, agents, employees and contractors against any
liability, loss or damage, including costs and attorneys' fees, whether or not
such liability, loss or damage arises out of any demand, claim, action, cause
of action, and /or suit brought by Shipper or by any person, association or
entity, public or private, that is not a party to the executed Transportation
Service Agreement, where such liability, loss or damage is suffered by MIGC,
its officers, agents, employees and/or contractors as a direct or indirect
result of any actual or alleged failure by Shipper, MIGC and /or any other
person, association, or entity, public or private, to odorize the natural gas
or product delivered or to maintain any odorant levels in such natural gas or
product.
14. WAIVERS AND NON-WAIVER OR FUTURE DEFAULT
1. MIGC shall have the right to waive any one or more specific
defaults by any Shipper of any provision of the applicable rate schedule or
Transportation Service Agreement; provided, however, that no such waiver shall
operate or be construed as a waiver of any other existing or future default or
defaults, whether of a like or different character. In no event will waivers
be granted or denied in an unduly discriminatory manner.
2. MIGC may, in exercise of its reasonable discretion, and on a not
unduly discriminatory basis, waive any of its rights under this Tariff or any
obligations of Shippers under this Tariff. MIGC shall not be obligated to
file notice with, or seek approval from, the Commission for any such waiver
that is uniformly applicable to all MIGC's affected customers. No waiver shall
operate or be construed as a waiver of future rights or obligations, whether
of a like or different character.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 81A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
15. SERVICE CONDITIONS
1. Properties and Facilities - Unless otherwise agreed to in writing,
MIGC shall only be responsible for the maintenance and operation of its own
properties and facilities and shall not be responsible for the maintenance or
operation of any other properties or facilities connected in any way with the
transportation of natural gas.
2. Alterations and Repairs - MIGC shall have the right to interrupt the
transportation of natural gas when necessary to test, alter, modify, enlarge
or repair any facility or property comprising a part of, or appurtenant to, the
MIGC System, or otherwise related to the operation thereof. MIGC shall
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 82 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
endeavor to cause a minimum of inconvenience to Shipper and, except in cases
of emergency, shall give Shipper advance notice of its intention to so
interrupt the transportation of gas and of the expected magnitude of such
interruptions.
(a) Operational Flow Orders (OFO) will be issued when required
for the maintenance or expansion of the system. Notice of an OFO that is
not for emergency repair purposes, will be issued no less than three (3) days
prior to the scheduled start date of the OFO.
(b) Operational Flow Orders (OFO) that are issued on an emergency
basis will be communicated as quickly as MIGC is aware of the emergency.
(c) Notice of an OFO will include the reason for the OFO, the
scheduled start date and time, and the anticipated completion date and time.
If the OFO extends longer than twentyfour (24) hours, MIGC will issue updates
on the status of the OFO and the expected return to service every twentyfour
(24) hours. Notice will be given by facsimile transmission and by posting a
notice on the web site.
3. Preservation of System Integrity - MIGC shall have the right to
interrupt service without prior notice to Shipper in the event actions by the
Shipper threaten the integrity of MIGC's system or in the event that
immediate or irreparable harm will be caused by Shipper's failure to comply
with the terms of the applicable Rate Schedule or Transportation Service
Agreement.
16. STATUTORY REGULATION
1. The respective obligations of MIGC and Shipper under the executed
Transportation Service Agreement are subject to the laws, orders, rules and
regulations of duly constituted authorities having jurisdiction.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 82A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
17. CAPACITY RELEASE
This section sets forth a firm capacity release procedure
pursuant to which existing shippers under any firm, open-access, Part
284 service agreement or any replacement Shipper can voluntarily
release or rerelease (in the case of a replacement Shipper) and
assign all or part of their firm capacity rights to a Replacement
Shipper or Prearranged Shipper that wants to obtain that capacity on
the same terms and basis as the primary release.
The Capacity Release timeline is applicable to all parties
involved in the Capacity Release process; however it is only
applicable if 1) all information provided by the parties to the
transaction is valid and the acquiring Shipper has been determined
to meet MIGC's creditworthiness requirements applicable to all
services that the acquiring Shipper receives from MIGC, including the
service represented by the capacity release and 2) there are no
special terms or conditions of the release.
1. Release Option. Any Shipper who receives service under a
firm open-access Part 284 service agreement may release firm capacity
under one of the following options:
(a) Biddable Release (less than one (1) year). For
proposed capacity releases of less than one (1) year for which the
Releasing Shipper's offer to release capacity is
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 83 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
tendered by 12:00 p.m. Central Clock Time (11:00 Mountain Clock Time) on a
Business Day, the open season shall end no later than 1:00 p.m. Central Clock
Time (12:00 p.m. Mountain Clock Time) on a Business Day. A bid evaluation
period will begin at 1:00 p.m. Central Clock Time (12:00 p.m. Mountain Clock),
during which time contingencies will be eliminated, ties will be broken and
determination of the best bid will be made. The bid evaluation period ends at
2:00 p.m. Central Clock Time (1:00 p.m. Mountain Clock Time). MIGC shall
communicate the match or award by 2:00 p.m. Central Clock Time (1:00 p.m.
Mountain Clock Time) the day the open season ends. If a Prearranged Shipper's
bid is not the "best bid," the Prearranged Shipper shall be given a one-half
hour period from 2:00 p.m. until 2:30 p.m. Central Clock Time (1:00 p.m. until
1:30 p.m. Mountain Clock Time) on the day the open season ends to determine
whether to match the "best bid" and to notify MIGC of its decision. MIGC
shall post the bid award for a match bid by 3:00 p.m. Central Clock Time
(2:00 p.m. Mountain Clock Time) on the day the open season ends. MIGC shall
issue a contract within one hour of award posting (with a new contract number,
when applicable) and nomination shall be possible beginning at the next
available nomination cycle for the effective date of the contract. If the
Releasing Shipper specifies a bid evaluation methodology other than highest
rate, net revenue or present value, the above-stated timeline for evaluating
bids and awarding capacity shall not apply.
(b) Biddable Release (1 year or more). For proposed capacity release
of a duration of one (1) year or more for which the Releasing Shipper's offer
to release capacity is tendered by 12:00 p.m. Central Clock Time
(11:00 Mountain Clock Time) four (4) business days before a bid is awarded,
the open season shall consist of a three (3) business day period and shall end
no later than 1:00 p.m. Central Clock Time (12:00 p.m. Mountain Clock Time)
on the day before nominations are due. A bid evaluation period will begin at
1:00 p.m. Central Clock Time (12:00 p.m. Mountain Clock Time) during which
time contingencies will be eliminated, ties will be broken and determination
of the best bid will be made. The bid evaluation period ends at 2:00 p.m.
Central Clock Time (1:00 p.m. Mountain Clock Time). MIGC shall communicate
the match or award by 2:00 p.m. Central Clock Time (1:00 p.m. Mountain Clock
Time) the day the open season ends. If a Prearranged Shipper's bid is not the
"best bid," the Prearranged Shipper shall be given a one-half hour period, from
2:00 p.m. until 2:30 p.m. Central Clock Time (1:00 p.m. until 1:30 p.m.
Mountain Clock Time) on the day the open season ends to match the best bid and
to notify MIGC of its decision. MIGC shall post the bid award for a match bid
by 3:00 p.m. Central Clock Time (2:00 p.m. Mountain Clock Time) on the day the
open season ends. MIGC shall issue a contract within one hour of award posting
(with a new contract number, when applicable) and nomination shall be possible
beginning at the next available nomination cycle for the effective date of the
contract. If the Releasing Shipper specifies a bid
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
First Revised Sheet No. 84 : Effective |
| FERC Gas Tariff | | Original Sheet No. 84 |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
evaluation methodology other than highest rate, net revenue or present value,
the above-stated timeline for evaluating bids and awarding capacity shall not
apply.
(c) Releases Not Subject to Bidding. A Releasing Shipper may notify
MIGC in its Release Notice that it has arranged for the assignment of its
Service Agreement to a designated Replacement Shipper. Such prearranged
capacity release will not be subject to the notification and bidding
requirements if the release meets one of the following conditions:
(1) the capacity release is for a period of thirty-one (31) days or
less;
(2) the capacity release is for a period of more than one year and the
replacement Shipper has agreed to pay the applicable maximum tariff rate for
the service;
(3) the capacity release is to an asset manager, as defined in Section
284.8(h)(3) of the Commission's regulations; or
(4) the capacity release is to a marketer participating in a state-
regulated retail access program, as defined in Section 284.8(h)(4) of the
Commission's Regulations.
For capacity releases for a period of thirty-one (31) days or less, no
rollover, extension or other continuance to the same Replacement Shipper will
be allowed under the bidding exemption in Section 17.1(c)(1) until 28 days
after the first release period has ended.
Such assignments for which no bids will be accepted may be submitted by fax,
electronically, or via an EDI upload utilizing the data sets included in the
Standards Board Standards.
Timely Cycle: For prearranged deals not subject to bid and posted by 10:30
a.m. Central Clock Time (9:30 a.m. Mountain Clock Time), MIGC shall tender
a contract (with a new contract number, when applicable) to such Prearranged
Shipper by 11:30 a.m. Central Clock Time (10:30 a.m. Mountain Clock Time)
on the day on which MIGC receives notification of the Prearranged Release.
Evening Cycle: For prearranged deals not subject to bid and posted by
5:00 P.M. (4:00 P.M. Mountain Clock Time), MIGC shall tender a contract
(with a new contract number, when applicable) to such Prearranged Shipper
by 6:00 P.M. Central Clock Time (5:00 P.M. Mountain clock Time) on the day
on which MIGC receives notification of the Prearranged Release.
| Issued by: |
| Issue date: |
|
Effective date: 05/31/09 |
| MIGC LLC |
|
First Revised Sheet No. 84A : Effective |
| FERC Gas Tariff | | Original Sheet No. 84A |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
Intraday 1 Cycle: For prearranged deals not subject to bid and posted by
9:00 A.M. (8:00 A.M. Mountain Clock Time), MIGC shall tender a contract
(with a new contract number, when applicable) to such Prearranged Shipper
by 10:00 A.M. Central Clock Time (9:00 A.M. Mountain clock Time) on the day
on which MIGC receives notification of the Prearranged Release.
Intraday 2 Cycle: For prearranged deals not subject to bid and posted by
4:00 P.M. (3:00 P.M. Mountain Clock Time), MIGC shall tender a contract
(with a new contract number, when applicable) to such Prearranged Shipper
by 5:00 P.M. Central Clock Time (4:00 P.M. Mountain clock Time) on the day
on which MIGC receives notification of the Prearranged Release.
For all of the cycles above under this section (c), the Prearranged
Shipper may initiate confirmation of the prearranged deals electronically
or by fax. For all non-biddable release cycles above, the Prearranged
Shipper may make nominations at the next available nomination cycle for
the effective date of the contract.
2. Notice Required by Releasing Shipper and Pipeline
(a) Releasing Shipper's Notice - A firm Shipper that wants to
release any or all of its capacity must submit to MIGC a Notice of Offer to
Release Capacity and Term Sheet. The Notice of Offer to Release Capacity and
Term Sheet must be received by MIGC no later than fifteen minutes prior to
the respective posting deadline as determined pursuant to Section 17.1.
Such Releasing Shipper's Notice shall provide the terms and conditions of
the release as follows:
(1) The period of time or term of the release; whether the
release is on a permanent or temporary basis.
(2) Reput methods and rights should be specified at the time
of the deal. Reput methods and rights are individually negotiated between
the releasing Shipper and the replacement Shipper.
(3) Any special terms or conditions of the release including
the business day the bid period will end if other than the pipeline's standard
timeline as set forth in 17.1. A releasing Shipper will not be able to
specify an extension of the original bid period or of the prearranged deal
match period without posting a new release.
| Issued by: |
| Issue date: |
|
Effective date: 05/31/09 |
| MIGC LLC |
|
Original Sheet No. 85 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(4) The specific description of the capacity rights to be released
with the released capacity expressed as a numeric quantity at specific receipt
and delivery points. The basis for released quantity should be per day for
transportation and total release period quantity. The description should
specify the priority between Releasing and Replacement Shipper to be utilized
for scheduling authorized overrun nominations along transportation path
segments.
(5) The Term Sheet which must contain objective and non-discriminatory
standards.
(6) Any Prearranged Shipper proposed to obtain release capacity
under the rates, terms and conditions contained in the Releasing Shipper's
Notice and Term sheet.
(7) For purposes of bidding and awarding, maximum/minimum rates
specified by the releasing shipper should include the tariff reservation rate
and all demand surcharges, as a total number or as stated separately. The
minimum reservation charge if any or if the Releasing Shipper so chooses, the
minimum reservation charge stated on a percentage basis of the maximum rate, or
for a release on a volumetric basis the volumetric commitments. For bidding
purposes the number of decimal places for offers, bids and awards should be
equal to the number of decimal places in the stated rates per MIGC's applicable
rate schedule.
Converting a daily rate to monthly rate is accomplished by
multiplying the daily rate times the number of days in the rate period;
dividing the result by the number of months in the rate period; and taking the
remainder out to 5 decimal places and rounding up or down to MIGC's specified
decimal place. Converting a monthly rate to a daily rate is accomplished by
multiplying the monthly rate times the number of months in the rate period;
dividing the result by the number of days in the rate period; and taking the
remainder out to 5 decimal places and rounding up or down to MIGC's specified
decimal place. Furthermore, all tariff rates shall be adjusted to reflect a
standard calculation of daily and monthly rates.
(8) Releasing shipper may choose a "best bid" evaluation method stated
in Section 17.5. If customer states an alternative bid evaluation method, MIGC
will not be held to the bid period timeline in Section 17.1.
(9) If Releasing Shipper does not desire immediate posting of Releas-
ing Shipper's notice or bids received, Releasing Shipper shall provide the
posting date and time insofar as it comports with the standard timeline set
forth in 17.1.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 86A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
Original Sheet No. 86A Original Sheet No. 86A
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
3. Obligations of Replacement or Prearranged Shippers - Replacement
and Prearranged Shippers must be on MIGC's approved bidder list before bids
may be posted, must have an executed EDI Agreement and an executed Master
Capacity Release Agreement and must qualify under the General Terms and
Conditions of MIGC's Tariff at the time of any bid. To be on the approved
bidder list, the Replacement or Prearranged Shipper must satisfy MIGC's
credit requirements as outlined in Section 6.3(g) of MIGC's General Terms
and Conditions applicable to all services that the Shipper receives from
MIGC including the service represented by the capacity release, and provide
the information required by Section 6.3(g) of the General Terms and
Conditions. Such credit appraisal shall be reevaluated and updated every 12
months. The Replacement or Prearranged Shipper shall remain on the
approved bidders list until such Replacement or Prearranged Shipper
notifies MIGC to the contrary, no longer meets the credit qualifications
established in Section 6.3(g) of the General Terms and Conditions, or is
suspended from the approved bidders list in the event, and for such time as,
such Replacement or Prearranged Shipper fails to pay part or all of the
amount of any bill in accordance with Sections 8.2 and 8.3 of the General
Terms and Conditions. The Replacement or Prearranged Shipper must satisfy
all other provisions of MIGC's Tariff governing customer eligibility before
it may contract with MIGC for the released capacity. Once the Replacement
or Prearranged Shipper becomes an existing customer just like any other
customer it will be subject to all applicable provisions of MIGC's FERC Gas
Tariff, including but not limited to MIGC's billing, payment and operational
provisions.
| Issued by: |
| Issue date: |
|
Effective date: 05/31/09 |
| MIGC LLC |
|
First Revised Sheet No. 86 : Effective |
| FERC Gas Tariff | | Original Sheet No. 86 |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(10) Whether contingent bids will be accepted, and if not
eliminated, all details concerning the evaluation of such.
(11) Whether the release is to an asset manager as defined in Section
284.8(h)(3) of the Commission's regulations, and the asset manager's
obligation to deliver gas to, or purchase gas from, the releasing shipper.
(12) Whether the release is to a marketer participating in a state-
regulated retail access program as defined in Section 284.8(h)(4) of the
Commission's regulations.
(13) Any additional terms or conditions of release that are
objective, and non-discriminatory.
(b) Posting - All completed bids for released capacity will be posted
by MIGC provided that the bid is time-stamped as leaving control of the
bidder no later than the respective deadline as specified in Section 17.1
and provided that the bid is received by MIGC no later than fifteen minutes
after such deadline. Any Releasing Shipper's completed Notice of Offer to
Release Capacity will be posted on MIGC's internet site and by electronic
data interchange upon receipt by MIGC, except as otherwise provided in
17.2(a)(9), until the expiration of the Bid Period, except for those
releases not subject to bidding reflected in 17.1(c), which shall not be
subject to bidding but only to posting on MIGC's internet site as soon as
possible, but not later than the first nomination, after the release
transaction commences.
| Issued by: |
| Issue date: |
|
Effective date: 05/31/09 |
| MIGC LLC |
|
Original Sheet No. 87 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
4. Withdrawal of Offers to Release and Withdrawal of Bids. Offers to
Release Capacity and Bids for Released Capacity will be binding until written
or electronic notice of withdrawal is received by MIGC. Bids can be withdrawn
any time prior to the end of the open season; provided, however that a
Replacement Shipper shall not be able to withdraw a bid in order to submit a
lower bid. The Releasing Shipper has the right to withdraw its offer during
the open season where unanticipated circumstances justify and no minimum bid
has been made.
5. Best Bid - The "best bid" shall be determined in accordance with the
bid evaluation method specified by the Releasing Shipper pursuant to Section
17.2(a)(8). The "best bid" must be chosen from the following methodologies and
once chosen will be used in determining the awards from the bid(s) submitted:
(1) the highest rate, (2) the net revenue, or (3) the present value. In the
event the Releasing Shipper elects not to submit a bid evaluation method, the
"best bid" shall be the bid which generates the maximum net revenue. If
pursuant to Section 17.2(a) (7) Releasing Shipper states the minimum
Reservation Charge on a percentage basis of the maximum rate, bids shall be
received on a percentage basis of the maximum rate. In the event both a
contingent bid and a non-contingent bid meet the minimum conditions stated
in 17.2(a) (7) and generate the "best bid," the contingent bid shall be
rejected.
6. Allocation of Released Capacity - MIGC will select the "best bid" as
defined in Section 17.5 from among the bids received. If more than one bidder
submits the "best bid," the first bidder in time, including the Prearranged
Shipper, will be selected as the best bid, unless the Releasing Shipper
specifies another tie-breaking methodology in its Shipper's Notice. If
multiple bids meeting minimum conditions have been submitted, bids shall be
awarded, best bid first, until all offered capacity is awarded. Any bid
submitted may state that its acceptance is contingent provided the Shipper's
Notice allows the submission of contingent bids. MIGC will allow any
Prearranged Shipper to match, in accordance with Section 17.1, the "best bid"
after the close of the open season.
7. Recalling Released Capacity - Releasing shippers may, to the extent
permitted as a condition of the capacity release, recall released capacity
(scheduled or unscheduled) at any of the daily Nomination cycles, subject to
the specifications in this Section 17.7. The service flexibility available
to either the Releasing Shipper or the Replacement Shipper(s) for the subject
capacity shall not be less as a result of the recall. MIGC supports the
ability for the Releasing Shipper to specify, as a condition of a release
capacity offer, which recall notification period(s), as provided in this
Section 17.7, will be available for use by the parties, and whether the
Releasing Shipper's recall notification must be provided exclusively on a
Business Day. Notice of the allocation of capacity between the Releasing
Shipper and the Replacement Shipper hereunder is intended to be provided in a
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 87A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
manner that will permit affected parties sufficient time, as provided for in
Standards Board Standard 5.3.44, to place nominations or take other corrective
actions to avoid penalties. Recalls of released capacity shall be consistent
with the following:
(a) Timely Recall Notification:
(i) A Releasing Shipper recalling capacity must
provide notice of such recall to MIGC and the first Replacement Shipper no
later than 8:00 a.m. Central Clock Time (CCT) (7:00 a.m. Mountain Clock Time
(MCT)) on the day that Timely Nominations are due;
(ii) MIGC shall provide notification of such recall to
all affected Replacement Shippers no later than 9:00 a.m. CCT (8:00 a.m. MCT)
on the day that Timely Nominations are due;
(b) Early Evening Recall Notification:
(i) A Releasing Shipper recalling capacity must
provide notice of such recall to MIGC and the first Replacement Shipper no
later than 3:00 p.m. CCT (2:00 p.m. MCT) on the day that Evening Nominations
are due;
(ii) MIGC shall provide notification of such recall to
all affected Replacement Shippers no later than 4:00 p.m. CCT (3:00 p.m. MCT)
on the day that Evening nominations are due;
(c) Evening Recall Notification:
(i) A Releasing Shipper recalling capacity must
provide notice of such recall to MIGC and the first Replacement Shipper no
later than 5:00 p.m. CCT (4:00 p.m. MCT) on the day that Evening Nominations
are due;
(ii) MIGC shall provide notification of such recall to
all affected Replacement Shippers no later than 6:00 p.m. CCT (5:00 p.m. MCT)
on the day that Evening nominations are due;
(d) Intraday 1 Recall Notification:
(i) A Releasing Shipper recalling capacity must
provide notice of such recall to MIGC and the first Replacement Shipper no
later than 7:00 a.m. CCT (6:00 a.m. MCT) on the day that Intraday 1 Nominations
are due;
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 87B : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(ii) MIGC shall provide notification of such recall to
all affected Replacement Shippers no later than 8:00 a.m. CCT (7:00 a.m. MCT)
on the day that Intraday 1 nominations are due; and
(e) Intraday 2 Recall Notification:
(i) A Releasing Shipper recalling capacity must
provide notice of such recall to MIGC and the first Replacement Shipper no
later than 2:30 p.m. CCT (1:30 p.m. MCT) on the day that Intraday 2 Nominations
are due;
(ii) MIGC shall provide notification of such recall to
all affected Replacement Shippers no later than 3:30 p.m. CCT (2:30 p.m. MCT)
on the day that Intraday 2 nominations are due.
(f) Other Recall Notification
For recall notification provided to MIGC prior to the
recall notification deadline specified in (a) through (e) of this Section 17.7
and received between 7:00 a.m. and 5:00 p.m. CCT (6:00 a.m. and 4:00 p.m. MCT),
MIGC shall provide notification to all affected Replacement Shippers no later
than one hour after receipt of such recall notification. For recall
notification provided to MIGC after 5:00 p.m. and prior to 7:00 a.m. CCT (4:00
p.m. and 6:00 a.m. MCT), MIGC shall provide notification to all affected
Replacement Shippers no later than 8:00 a.m. CCT (7:00 a.m. MCT) after receipt
of such recall notification.
(g) Methods of Notification
(i) The Replacement Shipper shall provide MIGC with no
more than two (2) Internet E-mail addresses to be used for recall notification
under this Section 17.7. The obligation of MIGC to provide notification shall
be waived until at least one (1) of the addresses has been provided. When MIGC
sends Internet E-mail notification for recalling of capacity to each affected
Replacement Shipper, the subject line of the E-mail should include the
following information separated by commas in the following order: (1)
"Recall", (2) the recall notification period, (3) the Effective Date in
YYYYMMDD format, (4) MIGC's name or abbreviation (excluding commas), (5) MIGC's
D-U-N-S Number. The body of such E-mail notification should contain at least
the affected Replacement Shipper's Contract Number, the quantity of capacity
being recalled, and the Offer Number or Award Number, if necessary to uniquely
identify the capacity being recalled. If MIGC allows capacity recall
notification mechanisms in addition to Internet E-mail, the notification shall
include at least the same level of information. Affected Replacement Shippers
shall manage internal distribution of notifications of recall received from
MIGC.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 88 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(ii) The Releasing Shipper shall provide capacity
recall notification to its affected Replacement Shipper(s) at the same time it
provides notification to MIGC. The recall notification shall specify the
recall notification period for the specified effective gas day, as well as any
other information needed to uniquely identify the capacity being recalled. The
mode of notification shall be mutually agreed upon between the Releasing and
Replacement Shippers.
(iii) All recalled capacity notices shall indicate
whether penalties will apply for the gas day for which quantities
are reduced due to a capacity recall.
(h) Allocation of Quantities
In the event of an intra-day capacity recall, MIGC
shall determine the allocation of capacity between the Releasing Shipper and
the Replacement Shipper(s) based upon the Elapsed Prorata Capacity (EPC).
Variations to the use of EPC may be necessary to reflect the nature of the
MIGC Tariff, services, and/or operational characteristics. For any recall
notification provided to MIGC, the quantity shall be expressed in terms of the
adjusted total released capacity entitlements based upon the EPC. EPC means
that portion of the capacity that would have theoretically been available for
use prior to the effective time of the intraday recall based upon a cumulative
uniform hourly use of the capacity. The amount of capacity allocated to the
Replacement Shipper(s) shall equal the original released capacity less the
recalled capacity that is adjusted based upon the EPC. MIGC shall not be
obligated to deliver in excess of the total daily contract quantity of the
release as a result of any recall.
(j) Disputes
In the event of a dispute between the Releasing Shipper
and any other person as to the validity of any recall, or the status of the
holder of capacity rights, MIGC shall be entitled to conclusively rely on any
notice provided by the Releasing Shipper. The original Shipper and/or any
Replacement Shipper(s) involved in any such dispute shall indemnify and hold
MIGC harmless from any costs, damages or expenses relating to MIGC's reliance
on such notice.
8. Reputs of Recalled Capacity
MIGC shall support the function of the reputting of capacity by a
Releasing Shipper. The deadline for notifying MIGC of a reput is 8:00 a.m. CCT
(7:00 a.m. MCT) to allow for timely nominations to flow on the next gas day.
When capacity is recalled, it may not be reput for the same Gas Day.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
First Revised Sheet No. 89 : Effective |
| FERC Gas Tariff | | Original Sheet No. 89 |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
9. Liability of Releasing Shipper - For any capacity release, the
Releasing Shipper may remain liable for the difference between the demand or
reservation charges which the Releasing Shipper was paying in accordance with
the Releasing Shipper's FTS-1 Agreement, and the demand or reservation
charges the Replacement Shipper is willing to pay. Any other outstanding
payments, penalties, imbalances or other liabilities accrued by the
Replacement Shipper will be the responsibility of the Replacement Shipper.
The releasing Shipper need not execute an amendment for the released capacity;
however, where capacity has been released for the entire remaining term of the
Releasing Shipper's Service Agreement, the Releasing Shipper may request
Transporter to amend its Service Agreement to reflect the release of capacity.
MIGC shall provide the original Releasing Shipper with Internet E-mail
notification reasonably proximate in time with any of the following formal
notices given by MIGC to the Releasing Shipper's Replacement Shipper(s), of
the following:
(1) Notice to the Replacement Shipper regarding the Replacement
Shipper's past due, deficiency, or default status pursuant to MIGC's tariff;
(2) Notice to the Replacement Shipper regarding the Replacement Shipper's
suspension of service notice;
(3) Notice to the Replacement Shipper regarding the Replacement Shipper's
contract termination notice due to default or credit-related issues; and
(4) Notice to the Replacement Shipper that the Replacement Shipper(s) is
no longer creditworthy and has not provided credit alternative(s) pursuant to
MIGC's tariff.
10. Rates Charged for Capacity Release - The rate charged the Replacement
Shipper for a release of capacity may not exceed the applicable maximum rate,
except that no rate limitation applies to the release of capacity for a period
of one year or less if the release is to take effect on or before one year
from the date on which MIGC is notified of the release. Payments or other
consideration exchanged between the Releasing and Replacement Shippers in a
release to an asset manager as defined in Section 284.8(h)(3) of the
Commission's regulations are not subject to the maximum rate.
18. DESCRIPTIVE HEADINGS
1. The descriptive headings of the provisions of the executed
Transportation Service Agreement and of these Transportation General Terms and
Conditions are formulated and used for convenience only and shall not be
deemed to affect the meaning or construction of any such provision.
| Issued by: |
| Issue date: |
|
Effective date: 05/31/09 |
| MIGC LLC |
|
Original Sheet No. 89A : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
19. TAXES
1. Shipper shall pay or cause to be paid all taxes and assessments
imposed on Shipper with respect to natural gas transported prior to and
including its delivery to MIGC, and MIGC shall pay or cause to be paid
all taxes and assessments imposed on MIGC with respect to natural gas
transported after its receipt by MIGC and prior to redelivery to Shipper,
provided however, that Shipper shall pay to MIGC all taxes, levies or
charges which MIGC may by law be required to collect from Shipper by
reason of all services performed for Shipper and for which MIGC has not
already provided for collection through its rates.
2. Neither party shall be responsible or liable for any taxes or other
statutory charges levied or assessed against any of the facilities of the
other party used for the purpose of carrying out the provisions of the
executed Transportation Service Agreement.
20. STANDARDS OF CONDUCT
All terms and conditions contained herein shall be applied in a uniform and
nondiscriminatory manner consistent with 18 CFR Section 358 of the
Commission's Regulations. MIGC will comply with the Standards of Conduct
contained in Section 358 of the Commission's Regulations in a manner described
in MIGC's Internet website. MIGC shall treat all shippers, affiliated and
non-affiliated, on a non-discriminatory basis and shall not operate its
transmission system to preferentially benefit an Energy Affiliate.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
First Revised Sheet No. 90 : Effective |
| FERC Gas Tariff | | Original Sheet No. 90 |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
21. COMPLAINT PROCEDURES
1. Shippers are first encouraged to work with MIGC to resolve problems
on an informal basis prior to filing a formal complaint.
2. In the event of an unresolved problem, Shipper should submit a
complaint in writing to MIGC at the following address:
MIGC LLC
MIGC Services (insert current address as
set forth on MIGC's Internet Web Site at www.migc.com)
3. Pursuant to Section 250.16(b) of the Commission's Regulations,
MIGC shall respond to all complaints initially within 48 hours and
in writing within thirty (30) days of the date the complaint was logged.
4. If the complaint is not resolved to the Shipper's satisfaction,
the Shipper may request a formal review by the Chief Compliance Officer as
identified on MIGC's Internet Web Site at www.migc.com.
5. If Shipper has exhausted all options in Section 21.1-4 further
discussion may be pursued with the Vice President.
22. ELECTRONIC COMMUNICATION
MIGC shall maintain an EDI site at an Internet address www.migc.com,
shall be operational by June 1, 1997, and shall comply with Standards Board
standards 4.3.5, and 4.3.16. Shipper shall execute the Standards
Board Model EDI Trading Partner Agreement with MIGC in order to utilize
the site to nominate gas. Replacement or Prearranged Shippers shall execute
a separate Master Capacity Release Agreement with MIGC in order to utilize
the site to participate in Capacity Release. The Internet site will contain
all of the information previously displayed on MIGC's Electronic
Bulletin Board. Transactional data will be retained for at least 36 months
for audit purposes.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/09 |
| MIGC LLC |
|
Substitute First Revised Sheet No. 90A : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 90A |
| Second Revised Volume No. 1 |
Substitute First Revised Sheet No. 90A Substitute First Revised Sheet No. 90A
Superseding: First Revised Sheet No. 90A
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
23. COMPLIANCE WITH 18 C.F.R. SECTION 284.12
MIGC shall comply with the business practice and electronic communica-
tion standards incorporated by reference in Section 284.12 of the Commission's
Regulations (18 C.F.R. Section 284.12). These standards are:
NAESB WGQ Version 1.8:
0.1.1, 0.1.2, 0.2.1, 0.2.2, 0.2.3, 0.3.1, 0.3.2, 0.3.11 through 0.3.15, 0.4.1
1.1.1, 1.1.2, 1.1.3, 1.1.4, 1.1.5, 1.1.7, 1.1.9, 1.1.10, 1.1.11, 1.1.12,
1.1.13, 1.1.14, 1.1.15, 1.1.16, 1.1.17, 1.1.18, 1.1.20, 1.1.21, 1.1.22,
1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.8, 1.2.9, 1.2.10, 1.2.11, 1.2.12, 1.2.13,
1.2.14, 1.2.15, 1.2.16, 1.2.17, 1.2.18, 1.2.19, 1.3.3, 1.3.4, 1.3.5, 1.3.6,
1.3.8, 1.3.9, 1.3.11, 1.3.13, 1.3.14, 1.3.19, 1.3.21, 1.3.23, 1.3.29, 1.3.30,
1.3.31, 1.3.33, 1.3.34, 1.3.39, 1.3.41, 1.3.42, 1.3.47 through 1.3.63, 1.3.66,
1.3.67, 1.3.68, 1.3.69, 1.3.70, 1.3.71, 1.3.72, 1.3.73, 1.3.74, 1.3.75, 1.3.76,
1.3.77, 1.3.79
2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.5, 2.1.6, 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.5,
2.3.3, 2.3.7, 2.3.9, 2.3.10, 2.3.11, 2.3.13, 2.3.14, 2.3.22, 2.3.26, 2.3.28,
2.3.29, 2.3.30, 2.3.31, 2.3.32, 2.3.33, 2.3.34, 2.3.40, 2.3.41, 2.3.42,
2.3.43, 2.3.44, 2.3.45, 2.3.46, 2.3.47, 2.3.48, 2.3.49, 2.3.50 through 2.3.65,
2.4.17, 2.4.18
3.1.1, 3.1.2, 3.2.1, 3.3.1, 3.3.2, 3.3.3, 3.3.4, 3.3.5, 3.3.6, 3.3.7, 3.3.8,
3.3.9, 3.3.10, 3.3.11, 3.3.12, 3.3.13, 3.3.15, 3.3.16, 3.3.17, 3.3.18, 3.3.19,
3.3.20, 3.3.21, 3.3.22, 3.3.23, 3.3.24, 3.3.25, 3.3.26
4.1.2, 4.1.3, 4.1.4, 4.1.6, 4.1.7, 4.1.10, 4.1.12, 4.1.13, 4.1.15, 4.1.16
4.1.17, 4.1.18, 4.1.19, 4.1.20, 4.1.21, 4.1.22, 4.1.23, 4.1.24,
4.1.26, 4.1.27, 4.1.28, 4.1.29, 4.1.30, 4.1.31, 4.1.32, 4.1.33, 4.1.34,
4.1.35, 4.1.36, 4.1.37, 4.1.38, 4.1.39, 4.1.40, 4.2.9, 4.2.10, 4.2.11, 4.2.12,
4.2.13, 4.2.14, 4.2.15, 4.2.16, 4.2.17, 4.2.18, 4.2.19, 4.2.20, 4.3.36,
4.3.38 through 4.3.62, 4.3.65 through 4.3.69, 4.3.72 through 4.3.76, 4.3.78
through 4.3.87, 4.3.89 through 4.3.93
5.1.1, 5.1.2, 5.2.1, 5.2.2, 5.2.3, 5.3.1, 5.3.3, 5.3.4, 5.3.5, 5.3.8, 5.3.9,
5.3.10, 5.3.11, 5.3.12, 5.3.13, 5.3.14, 5.3.15, 5.3.16, 5.3.18, 5.3.19,
5.3.21, 5.3.22, 5.3.23, 5.3.24, 5.3.25, 5.3.26, 5.3.27, 5.3.28, 5.3.29,
5.3.30, 5.3.31, 5.3.32, 5.3.33, 5.3.34, 5.3.35, 5.3.36, 5.3.37, 5.3.38,
5.3.39, 5.3.40, 5.3.41, 5.3.42, 5.3.43, 5.4.23
10.2.1 through 10.2.38, 10.3.1, 10.3.3 through 10.3.25
| Issued by: |
| Issue date: |
|
Effective date: 08/01/09 |
| MIGC LLC |
|
Original Sheet No. 90B : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
Original Sheet No. 90B Original Sheet No. 90B TRANSPORTATION GENERAL TERMS AND CONDITIONS (Continued) 1. Fuel reimbursement calculations shall be accomplished pursuant toStandards Board Standards. (a) Fuel reimbursement calculations shall be rounded to thenearest Dth for each Nomination transaction (Standards Board Standard1.3.15). (b) Balanced Nomination transactions are calculated as follows: Receipt Quantity multiplied by (1 - field %/100)) equals Delivery Quantity (Standards Board Standard 1.3.16). 2. Measurement data available upstream of aggregated points should besent to the allocating party and used to allocate the aggregated volume backto the upstream points (Standards Board Standard 2.3.8). 3. Transporter shall provide on request operationally availablecapacity separate from unsubscribed capacity (Standards BoardStandard 5.3.17). 4. Capacity Release historical data shall be made available on aconsistent basis from Transporter which shall provide for retrieval of openand closed offers during the FERC archival period (Standards Board Standard5.3.20). 5. System-Wide notices shall have a separate category for noticesthat are not critical. 6. If requested by a Shipper or supplier on MIGC's system, MIGC shalloffer at least one pool (Standards Board Standard 1.3.17). 7. If requested by a Shipper or supplier in Section 23.6 above,deliveries from receipt points shall be able to be delivered directly into atleast one pool and delivery points shall be able to receive quantities from atleast one pool, excluding non-contiguous facilities (Standards BoardStandard 1.3.18). 8. MIGC shall comply with the Electronic Delivery Mechanism RelatedStandards including but not limited to Standard 4.3.87 regarding changes inbusiness rules.
| Issued by: |
| Issue date: |
|
Effective date: 06/13/08 |
| MIGC LLC |
|
Original Sheet No. 90C : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
24. POLICY FOR CONSTRUCTION OF NEW RECEIPT OR DELIVERY FACILITIES
All requests for new interconnects must be made in writing. Unless
Transporter agrees otherwise, the party requesting the new interconnect shall
reimburse MIGC or cause MIGC to be reimbursed for any and all reasonable
costs and expenses incurred in constructing, establishing or modifying the
facilities required to establish a new interconnection on existing facilities
for receipt or delivery of Gas hereunder. Any agreement by Transporter to bear
all or a portion of new interconnect costs shall be done because such
construction is economically or operationally beneficial to Transporter and
Shippers, shall be done in a not unduly discriminatory manner and shall be
exercised in Transporter's reasonable discretion. In this regard, all new
receipt and delivery meters shall require EGM which shall be owned by MIGC and
all new delivery meters shall require a Flow Control Device with pressure
override features that can be remotely operated by MIGC. MIGC also must be the
custody transfer party at the proposed facility.
In addition to the above requirements, MIGC will agree to construct a
new interconnect or modify an existing interconnect on the following terms:
(1) The construction of the new interconnect will not create any
significant operational problems for MIGC;
(2) The proposed interconnect will not adversely affect the rendi-
tion of existing service or adversely alter the operation of the pipeline
system;
(3) The new interconnect must be at a mutually agreeable location
on the MIGC system; provided, however, that MIGC may not deny a customer's
request for specific placement of the interconnect without adequate
operational, environmental, or legal justification;
(4) In order to properly and prudently design and size the new
interconnect, MIGC must be provided with reasonable and reliable data
concerning the interconnecting facilities, including the delivery pressures,
and anticipated hourly, daily, monthly and annual volume levels of the service
that supports the new interconnect and such other data as is reasonably
required to construct the interconnect facility;
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 90D : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(5) The new interconnect must not result in any minimum pressure
receipt or delivery requirement by MIGC, unless MIGC agrees otherwise, such
agreement shall not be unreasonably withheld, and MIGC shall not be
responsible for any downstream parties' facilities, the operation or
maintenance of such facilities, or the delivery of any unauthorized volumes to
the facilities; and
(6) The service supporting the interconnect as well as the construc-
tion of the new facilities must conform with the provisions of MIGC's FERC Gas
Tariff, Second Revised Volume No. 1 as well as applicable regulatory require-
ments.
25. FUEL AND LOSS REIMBURSEMENT
Shippers shall reimburse MIGC for Fuel and Lost and Unaccounted-For
Gas (fuel and loss) in kind. Fuel retention and loss percentage factors (FL&U
factors) are set forth in the effective Sheet No. 6 of this FERC Gas Tariff.
MIGC shall file revised FL&U each year, based on prior year actuals.
Any difference between actual fuel and loss in the prior year and the quantity
retained in kind hereunder for the prior year shall be deferred and be included
in the calculation of revised FL&U factors for the following year. Such annual
filing shall be made no later than July 1st to be effective August 1st.
Prior year actual FL&U factors shall be calculated using the
immediately prior actual 12 month period ending May 31 as follows:
(a) Fuel from mainline compressors (i.e., having inlet pressures at
or exceeding 350 psig) plus total system lost and unaccounted for volumes
shall be divided by total receipt volumes to determine the system wide FL&U
factor.
(b) Fuel from all receipt point compressors (i.e., having inlet
pressures less than 350 psig) shall be divided by total receipt volumes from
all receipt point compressors to determine the receipt point FL&U factor. The
receipt point FL&U factor shall be added to the mainline FL&U factor to
determine the total receipt point compression FL&U factor.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 90E : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
(c) Actual fuel usage and lost and unaccounted for volumes will be
compared to the fuel usage and lost and unaccounted for volumes retained from
the customers through the application of the FL&U factors. For the first year,
the period August 1, 1997 through May 31, 1998 and the subsequent periods
beginning June 1 through May 31, will be used to calculate a surcharge to be
recovered from or paid back to customers in the following period. Such actual
volumes compared to volumes recovered from customers will be maintained in the
same categories as defined in paragraphs a) and b) of this section. Such over
or under recoveries of fuel will be added to or subtracted from the calcula-
tions described in paragraphs a) and b) above to determine the total FL&U
payable for the next succeeding period.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 90F : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
26. TYPES OF DISCOUNTING
From time to time Shipper and Transporter may agree in writing on a level of
discount of the otherwise applicable rates and charges in addition to a
basic discount from the stated maximum rates. For example, Transporter may
provide a specific discounted rate:
(1) to certain specified quantities under the Service Agreement;
(2) if specified quantity levels are actually achieved or with respect
to quantities below a specified level;
(3) to production reserves committed by the Shipper;
(4) during specified time periods;
(5) to specified points of receipt, points of delivery, supply areas,
transportation paths or defined geographical areas;
(6) in a specified relationship to the quantities actually transported
(i.e. that the rates shall be adjusted in a specified relationship
to quantities actually transported); or
(7) to provide that if one rate component which was equal to or within
the applicable maximum and minimum rate at the time the discount
agreement was executed subsequently exceeds the applicable maximum
rate or is below the applicable minimum rate due to a change in
MIGC's maximum rates and/or minimum rates, so that such rate
component must be adjusted downward or upward to equal the new
applicable maximum or minimum rate, then other rate components may
be adjusted upward or downward to achieve the agreed-upon overall
rate, so long as none of the resulting rate components exceed the
maximum rate or are below the minimum rate applicable to the rate
component. Such changes to rate components shall be applied
prospectively, commencing with the date a Commission order accepts
revised tariff sheets. However, nothing contained herein shall be
construed to alter a refund obligation under applicable law for
any period during which rates which had been charged under a
discount agreement exceeded rates which ultimately are found to be
just and reasonable.
In all circumstances the discounted rate shall be between the maximum
rate and the minimum rate applicable to the service provided.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 90G : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
27. GAS SUPPLY PURCHASES AND SALES
Transporter is not providing a supply service under any Rate Schedule of this
tariff but may purchase and sell gas for the purposes of maintaining system
balance and operating pressures. Nothing herein shall impose on Transporter
any obligation to provide a supply function to any of its transportation
Shippers. Transporter will sell or purchase gas at any point on the system on
a not unduly discriminatory basis. The availability of gas for sale or
interest in purchasing gas will be posted on Transporter's web site to the
extent feasible at least twenty-four (24) hours prior to the actual purchase
or sale.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 90H : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
28. EARLY CONTRACT TERMINATION/REDUCTION RIGHTS
Transporter, at its sole discretion, may choose to offer its Shippers early
contract termination or reduction rights. Such an offer by Transporter will be
made in a non-discriminatory manner to all Shippers and will be posted on
Transporter's web site. The terms of the offer shall be specified in detail on
the web site in a manner which will provide similar rights to similarly
situated Shippers. At the time Transporter posts capacity available for
bidding, Transporter will state whether early contract termination or reduction
rights apply to that capacity. Transporter is under no obligation to offer
early contract termination or reduction rights at any time. Any early contract
termination or reduction right granted under the terms of this tariff section
shall be considered a negotiated rate.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 91 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO INTERRUPTIBLE SERVICE
UNDER RATE SCHEDULE ITS-1
THIS AGREEMENT is made and entered into this ____ day of _______, _____ by
and between MIGC LLC, a Delaware Limited Liability Company, hereinafter
referred to as "MIGC," and _______________ a __________________ Corporation,
herein referred to as "Shipper."
WHEREAS, MIGC owns and operates a natural gas transmission system; and
WHEREAS,
NOW THEREFORE, in consideration of the representations, covenants, and
conditions herein contained, MIGC and Shipper agree as follows:
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 92 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO INTERRUPTIBLE SERVICE
UNDER RATE SCHEDULE ITS-1
(Continued)
ARTICLE I
Gas to be Transported
1. Subject to the terms and provisions of this Agreement and of MIGC's Rate
Schedule ITS-1, MIGC agrees to accept such volumes of natural gas as Shipper
may cause to be tendered to MIGC at the Receipt Point(s), designated pursuant
to Section 2.1 of Article II, on any day during the term of this Agreement;
provided, however, that MIGC shall only be obligated to accept on any day for
transportation hereunder that volume of natural gas which MIGC determines it
has available capacity to receive, transport, and deliver and provided further
that in no event shall MIGC be obligated to accept on any day in excess of the
Maximum Daily Quantities for each point of receipt set forth on Exhibit A.
2. MIGC shall allocate the available transportation capacity on the basis
set forth in Section 4 of the Transportation General Terms and Conditions
incorporated by reference in Rate Schedule ITS-1.
3. In accordance with Section 4 of the Transportation General Terms and
Conditions incorporated by reference in Rate Schedule ITS-1, MIGC shall
deliver and Shipper shall accept at the Delivery Point(s) referenced in
Section 2.2 of Article II a quantity of natural gas equivalent, on a MMBtu
basis to the quantity of natural gas received by MIGC at the Receipt Point(s)
for transportation hereunder less any applicable fuel and unaccounted for loss
reimbursement volumes; provided, however, that in no event shall MIGC be
obligated to deliver on any day in excess of the Maximum Daily Quantities for
each point of delivery set forth on Exhibit B.
ARTICLE II
Receipt Point(s), Delivery Point(s)
and Delivery Pressures
1. The Receipt Point(s) at which Shipper shall cause natural gas to be
tendered to MIGC for transportation hereunder are described in Exhibit A to
this Agreement. The delivery pressure, actual average atmospheric pressure,
and other pertinent factors are also set forth in Exhibit A.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 93 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO INTERRUPTIBLE SERVICE
UNDER RATE SCHEDULE ITS-1
(Continued)
2. The Delivery Point(s) at which MIGC shall deliver quantities of natural
gas transported hereunder, after appropriate reductions, are described in
Exhibit B to this Agreement. The delivery pressure, actual average
atmospheric pressure, and other pertinent factors applicable to the Delivery
Point(s) are also set forth in Exhibit B.
ARTICLE III
Rate Schedule(s) and
General Terms and Conditions
1. Shipper shall pay MIGC for services rendered hereunder in accordance with
MIGC's Rate Schedule ITS-1, or superseding rate schedule(s) on file with and
subject to the jurisdiction of the Federal Energy Regulatory Commission and
lawfully in effect from time to time. The following are the charges set forth
in such Rate Schedule ITS-1 which apply to service rendered under this
Agreement.
(List applicable charges by reference to
Section 3 of Rate Schedule ITS-1 and the
quantities of natural gas to which
such charges apply)
2. The parties hereto agree that MIGC shall have the right from time to time
to propose and file with the Federal Energy Regulatory Commission, in
accordance with Section 4 of the Natural Gas Act, changes, amendments,
revisions and modifications in:
(a) the rate(s) and Rate Schedule incorporated by reference as part of
this Agreement pursuant to this Article III; and
(b) the Transportation General Terms and Conditions incorporated by
reference in said Rate Schedule, which are applicable hereto;
provided, however, that Shipper shall have the right to protest any such
changes before the Federal Energy Regulatory Commission (or successor
governmental agency) or other authorities and to exercise any other rights
that Shipper may have with respect thereto.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 94 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO INTERRUPTIBLE SERVICE
UNDER RATE SCHEDULE ITS-1
(Continued)
3. This Agreement in all respects is subject to the provisions of Rate
Schedule ITS-1, or superseding rate schedule(s), and applicable provisions of
the Transportation General Terms and Conditions included by reference to said
Rate Schedule filed by MIGC with the Federal Energy Regulatory Commission, all
of which are by reference made a part hereof.
ARTICLE IV
Requirements and Conditions Precedent
1. The transportation arrangements provided for in this Agreement are
subject to the provisions of the Federal Energy Regulatory Commission's
Regulations, as amended from time to time.
2. Should the Federal Energy Regulatory Commission (or successor
governmental agency) impose by rule or order any terms and conditions upon
this Agreement which are not mutually satisfactory to MIGC and Shipper, either
party, upon issuance of said rule or order and notification to the other
party, may terminate this Agreement and take appropriate legal steps to
terminate service.
3. Transportation of natural gas provided for under the terms and provisions
of this Agreement shall not commence until the following conditions have been
met:
(a) all necessary transportation agreements upstream and downstream of
MIGC have been executed;
(b) all facilities necessary to commence service are in place and
operational;
(c) all information required by Section 6.3 of the Transportation
General Terms and Conditions have been provided to MIGC;
(d) [other specific terms]; and
(e) all terms of the ITS-1 Rate Schedule have been complied with by
Shipper.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 95 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO INTERRUPTIBLE SERVICE
UNDER RATE SCHEDULE ITS-1
(Continued)
ARTICLE V
Term
1. This Agreement shall become effective ________________________.
2. After this Agreement becomes effective, it shall continue in full force
and effect through _________________.
ARTICLE VI
Cancellation of Prior Contracts
1. When this Agreement becomes effective, it supersedes and cancels as of
the effective date hereof the following contracts between the parties hereto
for the transportation of natural gas by MIGC for Shipper.
ARTICLE VII
Notices
1. Any formal notice, request or demand that either party gives to the other
respecting this Agreement shall be in writing and shall be mailed by
registered or certified mail or delivered in hand to the following address of
the other party:
MIGC: MIGC LLC
(insert current address as set forth on MIGC's Internet
Web Site at www.migc.com)
Shipper:
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 96 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO INTERRUPTIBLE SERVICE
UNDER RATE SCHEDULE ITS-1
(Continued)
or to such other address as a party shall designate by formal written notice.
Routine communications may be mailed by ordinary mail. Operating
communications shall be made by e-mail to the operating communication e-mail
address as set forth on MIGC's Internet Web Site at www.migc.com, attention
Gas Dispatch or by EDI where Shipper has executed an EDI agreement with MIGC.
Payments to MIGC for services rendered hereunder shall be made in accordance
with Section 8 of the Transportation General Terms and Conditions incorporated
by reference in Rate Schedule ITS-1.
ARTICLE VIII
Other Operating Provisions
(This Article to be utilized when necessary to
specify other operating provisions. It
may not be used to alter the terms and conditions
of Rate Schedule ITS-1 or in a
manner that would result in unduly
discriminatory treatment of Shipper)
ARTICLE IX
Miscellaneous
1. MIGC and Shipper expressly agree that the laws of the State of
Wyoming shall govern the validity, construction, interpretation and effect of
this Agreement and of the Transportation General Terms and Conditions
incorporated by reference in Rate Schedule ITS-1.
2. Exhibits A, B, and C, attached to this Agreement, are hereby
incorporated by reference as part of this Agreement. The parties may amend
Exhibits A, B, and C by mutual agreement, which amendments shall be reflected
in a revised Exhibit A, B, or C, and shall be incorporated by reference as
part of this Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 97 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO INTERRUPTIBLE SERVICE
UNDER RATE SCHEDULE ITS-1
(Continued)
IN WITNESS HEREOF, the parties have caused this Agreement to be executed in
two (2) original counterparts, by their duly authorized officers, the day and
year first set forth herein.
ATTEST: MIGC LLC
By:________________________ By:____________________________
(Title) (Title)
ATTEST:
By:________________________ By:____________________________
(Title) (Title)
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 98 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO INTERRUPTIBLE SERVICE
UNDER RATE SCHEDULE ITS-1
(Continued)
EXHIBIT A
To The
Transportation Service Agreement
Dated:______________________
Between MIGC
and_______________________
Total Maximum Daily Quantity: ___________
Actual Average Maximum
Delivery Atmospheric Daily
Pressure(s) Pressure(s) Quantity
Receipt Point(s) (psig) (psia) ( )
*Necessary pressure to enter the MIGC System; not in excess of:
A. Effective Date of this Exhibit A:__________________________________
B. Supersedes Exhibit A Effective:____________________________________
_______________________ MIGC LLC
By:_______________________ By:_______________________
Date:_____________________ Date:_____________________
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 99 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO INTERRUPTIBLE SERVICE
UNDER RATE SCHEDULE ITS-1
(Continued)
EXHIBIT B
To The
Transportation Service Agreement
Dated:
Between MIGC
and
Total Maximum Delivery Quantity per day: ___________
Maximum
Actual Average Delivery
Delivery Atmospheric Quantity
Pressure(s) Pressure(s) Per Day
Delivery Point(s) (psig) (psia) ( )
A. Effective Date of this Exhibit B:____________________________
B. Supersedes Exhibit B Effective:______________________________
______________________ MIGC LLC
By:________________________ By: _______________________
Date:______________________ Date:______________________
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 100 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO INTERRUPTIBLE SERVICE
UNDER RATE SCHEDULE ITS-1
(Continued)
EXHIBIT C
To The
Transportation Service Agreement
Dated:
Between MIGC
and
Section of the Transportation
General Terms and Conditions Substitute Provisions
A. Effective Date of this Exhibit C:____________________________
B. Supersedes Exhibit C Effective:______________________________
______________________ MIGC LLC
By:________________________ By:_______________________
Date:______________________ Date:_____________________
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 101 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
Original Sheet Nos. 101 through 110
reserved for future use.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 111 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO FIRM SERVICE
UNDER RATE SCHEDULE FTS-1
THIS AGREEMENT is made and entered into this ____ day of _______, _____ by
and between MIGC LLC, a Delaware Limited Liability Company, hereinafter
referred to as "MIGC," and ____________________ a __________________
Corporation, herein referred to as "Shipper."
WHEREAS, MIGC owns and operates a natural gas transmission system; and
WHEREAS,
NOW THEREFORE, in consideration of the representations, covenants, and
conditions herein contained, MIGC and Shipper agree as follows:
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 112 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO FIRM SERVICE
UNDER RATE SCHEDULE FTS-1
(Continued)
ARTICLE I
Gas to be Transported
1. Subject to the terms and provisions of this Agreement and of MIGC's Rate
Schedule FTS-1, MIGC agrees to accept such volumes of natural gas as Shipper
may cause to be tendered to MIGC at the Receipt Point(s) for transportation on
a firm basis up to the Maximum Daily Quantities of natural gas set forth on
Exhibit A. The sum of the Maximum Daily Quantities shall constitute Shipper's
Transportation Contract demand.
2. MIGC shall allocate the available transportation capacity on the basis
set forth in Section 4 of the Transportation General Terms and Conditions
incorporated by reference in Rate Schedule FTS-1.
3. In accordance with Paragraph 4.1 of the Transportation General Terms and
Conditions incorporated by reference in Rate Schedule FTS-1, MIGC shall
deliver and Shipper shall accept at the Delivery Point(s) referenced in
Paragraph 2.2 of Article II a quantity of natural gas equivalent, on a MMBtu
basis, to the quantity of natural gas received by MIGC at the Receipt Point(s)
for transportation hereunder less any applicable fuel and unaccounted for loss
reimbursement volumes; provided, however, that in no event shall MIGC be
obligated to deliver on any day in excess of the Maximum Daily Quantities for
each point of delivery set forth on Exhibit B.
ARTICLE II
Receipt Point(s), Delivery Point(s)
and Delivery Pressures
1. The Receipt Point(s) at which Shipper shall cause natural gas to be
tendered to MIGC for transportation hereunder are described in Exhibit A to
this Agreement. The delivery pressure, actual average atmospheric pressure,
and other pertinent factors are also set forth in Exhibit A.
2. The Delivery Point(s) at which MIGC shall deliver quantities of natural
gas transported hereunder, after appropriate reductions, are described in
Exhibit B to this Agreement. The delivery pressure, actual average
atmospheric pressure, and other pertinent factors applicable to the Delivery
Point(s) are also set forth in Exhibit B.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 113 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO FIRM SERVICE
UNDER RATE SCHEDULE FTS-1
(Continued)
ARTICLE III
Rate Schedule(s) and
General Terms and Conditions
1. Shipper shall pay MIGC for services rendered hereunder in accordance with
MIGC's Rate Schedule FTS-1, or superseding rate schedule(s) on file with and
subject to the jurisdiction of the Federal Energy Regulatory Commission and
lawfully in effect from time to time. The following are the charges set forth
in such Rate Schedule FTS-1 which apply to service rendered under this
Agreement.
(List applicable charges by reference to
Section 3 of Rate Schedule FTS-1 and the
quantities of natural gas to which
such charges apply)
2. The parties hereto agree that MIGC shall have the right from time to time
to propose and file with the Federal Energy Regulatory Commission, in
accordance with Section 4 of the Natural Gas Act, changes, amendments,
revisions and modifications in:
(a) the rate(s) and Rate Schedule incorporated by reference as part of
this Agreement pursuant to this Article III; and
(b) the Transportation General Terms and Conditions incorporated by
reference in said Rate Schedule, which are applicable hereto;
provided, however, that Shipper shall have the right to protest any such
changes before the Federal Energy Regulatory Commission (or successor
governmental agency) or other authorities and to exercise any other rights
that Shipper may have with respect thereto.
3. This Agreement in all respects is subject to the provisions of Rate
Schedule FTS-1, or superseding rate schedule(s), and applicable provisions of
the Transportation General Terms and Conditions included by reference to said
Rate Schedule filed by MIGC with the Federal Energy Regulatory Commission, all
of which are by reference made a part hereof.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 114 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO FIRM SERVICE
UNDER RATE SCHEDULE FTS-1
(Continued)
ARTICLE IV
Requirements and Conditions Precedent
1. The transportation arrangements provided for in this Agreement are
subject to the provisions of the Federal Energy Regulatory Commission's
Regulations, as amended from time to time.
2. Should the Federal Energy Regulatory Commission (or successor
governmental agency) impose by rule or order any terms and conditions upon
this Agreement which are not mutually satisfactory to MIGC and Shipper, either
party, upon issuance of said rule or order and notification to the other
party, may terminate this Agreement and take appropriate legal steps to
terminate service.
3. Transportation of natural gas provided for under the terms and provisions
of this Agreement shall not commence until the following conditions have been
met:
(a) all necessary transportation agreements upstream and downstream of
MIGC have been executed;
(b) all facilities necessary to commence service are in place and
operational;
(c) all information required by Section 6.3 of the Transportation
General Terms and Conditions have been provided to MIGC;
(d) [other specific terms]; and
(e) all terms of the FTS-1 Rate Schedule have been complied with by
Shipper.
ARTICLE V
Term
1. This Agreement shall become effective ___________________.
2. After this Agreement becomes effective, it shall continue in full force
and effect through _________________.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 115 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO FIRM SERVICE
UNDER RATE SCHEDULE FTS-1
(Continued)
ARTICLE VI
Cancellation of Prior Contracts
1. When this Agreement becomes effective, it supersedes and cancels as
of the effective date hereof the following contracts between the parties hereto
for the transportation of natural gas by MIGC for Shipper.
ARTICLE VII
Notices
1. Any formal notice, request or demand that either party gives to the
other respecting this Agreement shall be in writing and shall be mailed by
registered or certified mail or delivered in hand to the following address of
the other party:
MIGC: MIGC LLC
(Insert current address as set forth on MIGC's Internet
Web Site at www.migc.com)
Shipper:
or to such other address as a party shall designate by formal written notice.
Routine communications may be mailed by ordinary mail. Operating
communications shall be made by e-mail or by EDI where Shipper has executed
an EDI agreement with MIGC. E-mail addresses are set forth on MIGC's
Internet Web Site at www.migc.com. Payments to MIGC for services rendered
hereunder shall be made in accordance with Section 8 of the Transportation
General Terms and Conditions incorporated by reference in Rate Schedule FTS-1.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 116 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO FIRM SERVICE
UNDER RATE SCHEDULE FTS-1
(Continued)
ARTICLE VIII
Other Operating Provisions
(This Article to be utilized when necessary to
specify other operating provisions. It
may not be used to alter the terms and conditions
of Rate Schedule FTS-1 or in a
manner that would result in unduly
discriminatory treatment of Shipper)
ARTICLE IX
Miscellaneous
1. MIGC and Shipper expressly agree that the laws of the State of Wyoming
shall govern the validity, construction, interpretation and effect of this
Agreement and of the Transportation General Terms and Conditions incorporated
by reference in Rate Schedule FTS-1.
2. Exhibits A, B, and C attached to this Agreement, are hereby incorporated
by reference as part of this Agreement. The parties may amend Exhibits A, B,
and C by mutual agreement, which amendments shall be reflected in a revised
Exhibit A, B, or C, and shall be incorporated by reference as part of this
Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 117 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO FIRM SERVICE
UNDER RATE SCHEDULE FTS-1
(Continued)
IN WITNESS HEREOF, the parties have caused this Agreement to be executed in
two (2) original counterparts, by their duly authorized officers, the day and
year first set forth herein.
ATTEST: MIGC LLC
By:________________________ By:____________________________
(Title) (Title)
ATTEST:
By:________________________ By:____________________________
(Title) (Title)
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 118 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO FIRM SERVICE
UNDER RATE SCHEDULE FTS-1
(Continued)
EXHIBIT A
To The
Transportation Service Agreement
Dated:_________________
Between MIGC
and___________________
Shipper's Transportation Contract Demand (Total Maximum Daily
Quantity): ____________
Actual Average Maximum
Delivery Atmospheric Daily
Pressure(s) Pressure(s) Quantity
Primary Receipt Point(s) (psig) (psia) ( )
Secondary Receipt Point(s)
*Necessary pressure to enter the MIGC System; not in excess of:
A. Effective Date of this Exhibit A:__________________________
B. Supersedes Exhibit A Effective:____________________________
__________________ MIGC LLC
By:___________________________ By:_______________________
Date:_________________________ Date: ____________________
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 119 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO FIRM SERVICE
UNDER RATE SCHEDULE FTS-1
(Continued)
EXHIBIT B
To The
Transportation Service Agreement
Dated:________________
Between MIGC
and___________________
Shipper's Maximum Delivery Quantity per day : ____________
Maximum
Actual Average Delivery
Delivery Atmospheric Quantity
Pressure(s) Pressure(s) Per Day
Primary Delivery Point(s) (psig) (psia) ( )
Secondary Delivery Point(s)
A. Effective Date of this Exhibit B:__________________________
B. Supersedes Exhibit B Effective:____________________________
______________________ MIGC LLC
By:______________________ By:_______________________
Date:____________________ Date:_____________________
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 120 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
FORM OF TRANSPORTATION SERVICE AGREEMENT
APPLICABLE TO FIRM SERVICE
UNDER RATE SCHEDULE FTS-1
(Continued)
EXHIBIT C
To The
Transportation Service Agreement
Dated:________________
Between MIGC
and___________________
Section of the Transportation
General Terms and Conditions Substitute Provisions
A. Effective Date of this Exhibit C:__________________________
B. Supersedes Exhibit C Effective:____________________________
_____________________ MIGC LLC
By:_______________________ By:_______________________
Date:_____________________ Date:_____________________
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |
| MIGC LLC |
|
Original Sheet No. 121 : Effective |
| FERC Gas Tariff | | |
| Second Revised Volume No. 1 |
Pro forma Sheet Nos. 121 through 130
reserved for future use.
| Issued by: |
| Issue date: |
|
Effective date: 08/01/08 |