Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 05/01/2009, Docket: RP09-564-000, Status: Effective

Original Sheet No. 9 Original Sheet No. 9

Negotiated Rates

Pursuant to GT&C Section 18.2

Term of Primary Primary

Shipper Contract Rate Negotiated Negotiated Receipt Delivery

Name Number Schedule Rate Rate Quantity Point(s) Points(s)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Macquarie Cook F11410 FT 2/ 3/ 3,250 Dth/d Chippawa Mendon

Energy, LLC

1/ The underlying service agreement contains no material deviations from the pro forma service agreement in Transporter's tariff.

2/ The commodity rate shall be the maximum commodity and overrun rateS under Transporter's Rate Schedule FT. The reservation rate shall be

the maximum Year-Round Reservation Rate applicable to shippers with primary point(s) of delivery located on the Original Empire Pipeline.

Applicable surcharges shall be applied to the foregoing rates, provided that Shipper shall be subject to the Secondary Point Annual

Commodity Surcharge. Shipper shall be responsible for providing compressor fuel and other gas for Transporter's use as provided in

Transporter's tariff.

3/ The term of the agreement is May 1, 2009 through October 31, 2009. The negotiated rate shall expire upon the effective date of a tariff

change making Transporter's Year-Round Reservation Rate the recourse rate applicable to the agreement.

4/ No other agreement, understanding, negotiation or consideration is linked to Transporter's agreement with Shipper. This agreement will

replace Transporter's agreement with Constellation Energy Commodities Group, Inc. upon Commission acceptance.