Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 12 Original Sheet No. 12

RATE SCHEDULE FT

Firm Transportation Service

(Continued)

1. AVAILABILITY (Cont'd.)

1.5 This Rate Schedule FT is available only for transportation to

Point(s) of Delivery that are equipped with equipment sufficient to

provide Transporter with real time measurement, communication and

control capability. All Point(s) of Receipt must also be equipped

with such equipment. Transporter may waive this requirement on a

non-discriminatory basis with respect to a Point of Delivery or

Point of Receipt if it determines that:

(a) such equipment exists at another point on Transporter's system

and can (i) control gas flows at the Point of Receipt or

Delivery and (ii) provide a close approximation of the quantity

of gas flowing at such Point of Receipt or Delivery; or

(b) another form of measurement, communication and control is

adequate in consideration of the volumetric limitations of the

interconnect facilities.

1.6 In addition to the information specified in Section 2.1 of the

General Terms and Conditions, a request for service under this rate

schedule shall include the following:

(a) Points of Receipt/Delivery: The primary Point(s) of Receipt

and Point(s) of Delivery for the requested transportation

together with the name of the entity delivering the gas to

Transporter and the name of the entity to receive the gas from

Transporter,

(b) Gas Quantities: The maximum daily quantity (MDQ) applicable

to each primary Point of Receipt and Point of Delivery, stated

in dekatherms.