Texas Eastern Transmission, L P

Seventh Revised Volume No. 1

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Effective Date: 11/16/2009, Docket: RP10-53-000, Status: Effective

First Revised Sheet No. 438 First Revised Sheet No. 438

Superseding: Original Sheet No. 438

RATE SCHEDULE FTS-8

(Continued)

3.5 Pipeline shall not be obligated to adjust the Reservation Charge pursuant to Section

3.4 when Pipeline's failure to deliver on any one Day at least 95% of the Quantity of

Gas requested by Customer to be delivered at Point(s) of Delivery which Gas Pipeline is

obligated to deliver on a firm basis at such Point(s) of Delivery on such Day up to the

MDQ:

(A) is the result of the conduct of Customer or the downstream operator of the

facilities at the Point of Delivery;

(B) is the result of Pipeline having operational flow orders in effect on such Day;

(C) is the result, during the period from May 1 through November 1 of any year, of

Pipeline performing routine operational maintenance and repair;

(D) is the result of Pipeline performing at anytime repair and maintenance of its

facilities to comply with applicable regulatory requirements, or