Empire Pipeline, Inc.

Original Volume No. 1

Effective Date: 04/21/2010, Docket: RP10-505-000, Status: Effective

First Revised Sheet No. 17 First Revised Sheet No. 17

Superseding: Original Sheet No. 17

RATE SCHEDULE FT

Firm Transportation Service

(Continued)

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

2.12 The Contract MDQ shall be a uniform quantity throughout the

contract year, except that Transporter may, on a not unduly

discriminatory basis, agree to certain differing levels in the

Contract MDQ during specified periods during the year. The

Contract MDQ and any differing levels in the Contract MDQ, shall

be specified in the executed service agreement. For purposes of

Section 15 of the General Terms and Conditions, (a) a service

agreement under this Rate Schedule at the applicable maximum

rates with varying levels of Contract MDQ for a term of twelve or

more consecutive months at a Contract MDQ greater than zero shall

be a Qualifying Agreement, and (b) a "quantitative portion" of

Shipper's Contract MDQ or the portion bid upon must reflect a

uniform percentage reduction for each month of the contract year,

or as mutually agreed to by Transporter on a non-discriminatory

basis.

2.13 Transporter shall not be required to receive or deliver gas at a

receipt or delivery point where the total quantity of gas for

transportation scheduled is less than that required to operate

existing measurement facilities at such point.