Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 13 Original Sheet No. 13

RATE SCHEDULE FT

Firm Transportation Service

(Continued)

2. APPLICABILITY AND CHARACTER OF SERVICE

2.1 The transportation service provided under this Rate Schedule FT

shall be performed under Subpart 284G of the Commission's

Regulations or, where specifically referenced in the FT Service

Agreement, Subpart 284B of such regulations. This Rate Schedule FT

shall apply to all service provided by Transporter for Shipper

pursuant to an FT Service Agreement (the form of which appears at

Sheet Nos. 301 - 309).

2.2 Service hereunder shall be provided on a firm basis. However,

service may be interrupted for any of the reasons set out in

Section 9 of the General Terms and Conditions hereof, or whenever

necessary to maintain gas quality or the integrity of Transporter's

system.

2.3 Service hereunder shall consist of the receipt by Transporter of

natural gas tendered by Shipper for transportation (including the

quantities described in Section 23 of the General Terms and

Conditions, to the extent applicable) at the primary Point(s) of

Receipt specified in the FT Service Agreement, or at secondary

Point(s) of Receipt as described in Subsection 2.4 hereof, the

transportation of that natural gas through or by use of

Transporter's system, and the delivery of that natural gas, by

Transporter to Shipper or for Shipper's account at the primary

Point(s) of Delivery specified in the FT Service Agreement, or at

secondary Point(s) of Delivery as described in Subsection 2.4

hereof. Except as provided in Subsection 2.4 and Section 4 hereof,

Shipper shall have no right:

(a) to tender quantities of gas at any firm primary Point of

Receipt in excess of the Maximum Daily Quantity (MDQ) specified

in the FT Service Agreement for that Point of Receipt, divided

by the difference obtained by subtracting (i) the applicable

Compressor Fuel factor from (ii) 100 percent,

(b) to tender quantities of gas on any day at any combination of

Point(s) of Receipt, in excess of the Contract MDQ, divided by

the difference obtained by subtracting (i) the applicable

Compressor Fuel factor from (ii) 100 percent,