Caprock Pipeline Company

First Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-139-001, Status: Effective

First Revised Sheet No. 9 First Revised Sheet No. 9 : Effective

Superseding: Original Sheet No. 9

2.3 Odorization: Shipper shall be solely responsible for

odorizing at the delivery point any part of the gas delivered

hereunder which is diverted and/or used for any purpose for which

odorization is required by any law, rule, order or regulation.

ARTICLE III

GAS BALANCING

3.1 It is the intent of the parties that deliveries and

redeliveries of gas hereunder shall remain in continuous balance

or as near thereto as practicable. It is agreed that insofar as

operating conditions permit, the deliveries and redeliveries of

gas hereunder shall be made as nearly as practicable at uniform

hourly and daily rates of flow.

3.2 Any imbalance shall be corrected as soon as

practicable.

In the event an imbalance between deliveries by Shipper

to Caprock and redelivered by Caprock to Shipper should exist at

the end of any billing period, then Shipper shall eliminate any

such imbalance during the subsequent billing period. If such

imbalance at the end of a billing period reflects net

underdeliveries of gas to Caprock, then any overdelivery of gas

by Shipper during the next subsequent billing period shall be

credited against such net underdeliveries first. If such

imbalance reflects net overdeliveries during the preceding

billing period, then any underdeliveries of gas by Shipper during

the next subsequent billing period shall be credited against such

net overdeliveries first.

In the event: I) Shipper should fail to correct any

imbalance for the preceding billing period during the next

subsequent billing period; or ii) a) deliveries by Shipper, or on

its behalf, to Caprock on each of five (5) days in any

consecutive ten (10) day period should exceed 110% of the volumes

accepted for redelivery to Shipper; or b) deliveries by Shipper

to Caprock each of five (5) days in any consecutive ten (10) day

period should be less than 90% of the volume accepted for

redelivery to Shipper; then upon forty-eight (48) hours notice by

Caprock, Shipper shall have forty- five days to correct any such

excess imbalances (Balancing Period).

In the event any such excess imbalances are not

corrected at the end of the Balancing Period: I) if the imbalance

reflects overdelivery to Caprock, Caprock shall have the option

to seize the overdelivered volumes or charge the Shipper $1 per

Dth, plus an additional $1 per Dth for any billing period

thereafter during which any portion of such imbalances remain; or

ii) if the imbalance reflects underdeliveries to Caprock,

Caprock shall have the right to charge to Shipper two (2) times

the cost of gas incurred by Caprock to make up such

underdeliveries.