Empire Pipeline, Inc.

Original Volume No. 1

Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 10 Original Sheet No. 10

RATE SCHEDULE FT

Firm Transportation Service

1. AVAILABILITY

1.1 This rate schedule is available to any person, corporation,

partnership or any other party (hereinafter referred to as

"Shipper") for the Transportation of Gas by Empire Pipeline, Inc.

(hereinafter referred to as "Transporter"), when:

(a) Transporter has determined that it has sufficient available and

uncommitted capacity and requisite governmental authority to

perform service requested by Shipper; and

(b) Shipper and Transporter have executed an Agreement under this

rate schedule.

1.2 Transporter shall not be required to grant a request for

transportation service which would require the construction,

modification, expansion or acquisition of any facilities.

Availability of service is also subject to Section 2 of the General

Terms and Conditions - Qualification for Service.

1.3 While a determination of capacity on Transporter's system is

reported once each year, on March 1st, in accordance with Section

284.13(d)(2) of the Commission's regulations, determination of

available firm capacity on Transporter's system shall be made from

time to time as capacity becomes available or as requests for

service are received hereunder. Subject to Sections 12, 14 and 15

of the General Terms and Conditions of this tariff, in processing

requests for service hereunder, Transporter shall allocate any

available firm capacity to persons which make a valid request under

Section 2.1 of the General Terms and Conditions, on a first come,

first served basis determined as of the date Transporter received a

valid request.