Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 15 Original Sheet No. 15

RATE SCHEDULE FT

Firm Transportation Service

(Continued)

2. APPLICABILITY AND CHARACTER OF SERVICE (Cont'd.)

2.5 A shipper receiving service under this Rate Schedule FT shall not

lose priority for purposes of this section by the renewal or

extension of term of that service.

2.6 Any determination by Transporter with regard to the acceptability

of a regulatory or other governmental authorization shall be made

in the reasonable exercise of its judgment. (See Article V of the

Form of FT Service Agreement appearing at Sheet No. 304.)

2.7 Primary Point(s) of Delivery located on the Original Empire

Pipeline and primary Point(s) of Delivery located on the Empire

Connector may not be specified in the same FT Service Agreement.

2.8 The FT Service Agreement shall indicate the transportation path

through Transporter's system between Shipper's primary Point(s) of

Receipt and Point(s) of Delivery, and the Point(s) of Receipt or

Point(s) of Delivery located along the transportation path that

are eligible as primary or secondary Point(s) of Receipt or

Point(s) of Delivery. Shipper may simultaneously nominate for

and/or release its capacity in two or more segments along its

transportation path, provided that the combined nominated and/or

released quantities in any such segment do not exceed Shipper's

Contract MDQ (or the portion thereof identified to a particular

transportation path). Each such segment must be bounded by a

primary Point of Receipt and a Point of Delivery eligible under

Section 1.5 hereof or two Points of Delivery eligible under

Section 1.5 hereof. The Commodity Charge and the Reimbursement of

Compressor Fuel and Other Gas For Transporter's Use shall be

applied to each segmented service.

Subject to the limitations set forth above, Shipper's segmentation

rights shall include the ability for Shipper or its replacement

shippers to nominate a forward-haul and a backhaul transportation

to the same Point of Delivery; provided that, with respect to gas

flowing opposite to the direction that gas flows from Shipper's

primary Point(s) of Receipt to its primary Point(s) of Delivery,

deliveries at such point (even if a primary point) shall have the

priority set forth at Section 9(c) of the General Terms and

Conditions.