Black Marlin Pipeline Company

First Revised Volume No. 1

Effective Date: 10/01/1990, Docket: CP89-2041-001, Status: Effective

Original Sheet No. 106 Original Sheet No. 106 : Effective

RATE SCHEDULE FTS

Firm Transportation Service (continued)

At Shipper's request, Transporter shall permit Shipper to name a

designee to perform Shipper's obligations with regard to

nominations, scheduling and/or payment under this rate schedule,

provided that Shipper, such designee and Transporter shall agree

in writing that designee shall perform the specified

obligation(s) of Shipper and, with respect to any payment

obligation, such designee shall meet the creditworthiness provi-

sions of this Rate Schedule. Shipper shall not name more than

one designee to perform each such specified obligation under any

Service Agreement hereunder.

At Transporter's request, Shipper shall permit Transporter to

name a designee to perform Transporter's obligations with regard

to nominations, scheduling, billing, and/or receiving payment

under this Rate Schedule, provided that Shipper, Transporter, and

such designee shall agree in writing that designee shall perform

the specified obligation(s) of Transporter. Transporter shall

not name more than one designee to perform each such specified

obligation under any Service Agreement hereunder.

5. BILLING ADJUSTMENT FOR FAILURE TO TRANSPORT

If, on any day during the month, Transporter fails to accept the

quantity of gas tendered by Shipper for transportation under this Rate

Schedule on such day up to the MDTQ, and the gas so tendered complies

with and meets the provisions of this tariff with respect thereto, the

monthly Reservation Charge otherwise computed shall be decreased by an

amount computed as the product of (a) and (b) below:

(a) The quantity in MMBtu of gas tendered, but not accepted, up to

but not exceeding the MDTQ;

(b) The Reservation Fee.