Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

Effective Date: 05/14/2010, Docket: RP10-602-000, Status: Effective

First Revised Sheet No. 305 First Revised Sheet No. 305

Superseding: Original Sheet No. 305

GENERAL TERMS AND CONDITIONS (Continued)

36. TAKE-OR-PAY BUYOUT AND BUYDOWN COST RECOVERY MECHANISM

(For Filings Submitted to FERC Prior to November 1, 1990) (Continued)

then effective base rates contained in Transporter's FERC Gas Tariff,

Second Revised Volume No. 1.

36.5 Obligation to Pay. Any Shipper liable for charges under this

Section 36 as a result of filings submitted to the FERC after the

effectiveness of this Section 36 or as a result of the effectiveness of

Section 32 of the General Terms and Conditions of Transporter's canceled

FERC Gas Tariff, First Revised Volume No. 1, prior to the effectiveness

of this Second Revised Volume No. 1 Tariff shall not be relieved of its

obligation under this Section 36 in the event that the Service Agreement

between Shipper and Transporter under Transporter's previously effective

Rate Schedules G-1 and SGS-1, or successor(s), contained in

Transporter's canceled FERC Gas Tariff, First Revised Volume No. 1, is

terminated or has its term reduced for any reason including, but not

limited to, the expiration of said agreement, cancellation and

abandonment of service, conversion of such agreement to transportation

service, a change in corporate identity or bankruptcy. In such event,

Transporter shall, at Shipper's option, either (a) bill Shipper, within

forty-five (45) days after the effectiveness of such termination or

reduction, a one-time charge for the full amount of said Shipper's fixed

monthly surcharge remaining due for the total recovery period, or (b)

continue billing the fixed monthly surcharge to Shipper or, if

appropriate, Shipper's successor in interest, during the remainder of

the total recovery period (including under its new corporate identity,

if any, and/or under Shipper's new Rate Schedule, if any, or in any

other manner allowable). Shipper shall remain obligated to pay any

additional charges for buyout/buydown costs resulting from future

filings permitted under law to recover buyout/buydown costs related to

gas purchase contracts which were not the subject of litigation before

court(s) and/or arbitration proceedings as of March 31, 1989 to the

extent Shipper is a customer at the time of such filing. Shipper shall

also remain obligated to pay any additional charges for buyout/buydown

costs resulting from future filings to recover costs related to gas

purchase contracts which were the subject of litigation before court(s)

and/or arbitration proceedings as of March 31, 1989.