Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 08/01/2009, Docket: RP09-801-000, Status: Effective

First Revised Sheet No. 18 First Revised Sheet No. 18

Superseding: Original Sheet No. 18

RATE SCHEDULE FT

Firm Transportation Service

(Continued)

3. RATES

3.1 The maximum and minimum rates for service under this rate schedule

are set forth on the currently effective Sheet Nos. 6 and 7 of

this tariff, and these rates are incorporated herein by reference.

These rates shall be applicable to service hereunder, unless

Transporter and Shipper have agreed upon a negotiated rate

pursuant to Section 18.2 of the General Terms and Conditions of

this tariff.

3.2 Unless otherwise agreed to by Transporter and Shipper in a written

amendment to the FT Service Agreement, Shipper shall pay

Transporter charges based on the maximum rates set forth on

currently effective Sheet Nos. 6 and 7. Transporter and Shipper

may agree in such amendment to one or more of the following

provisions:

(a) that a specified discounted rate will apply only to

specified quantities under the agreement;

(b) that a specified discounted rate will apply only if

specified quantities are achieved or only with respect to

quantities below a specified level;

(c) that a specified discounted rate will apply only during

specified periods of the year or for a specifically defined

period;

(d) that a specified discounted rate will apply only to

specified points, combinations of points, zones or other

defined geographical area(s), which provision may include an

explanation of how reservation or other fixed charges are

calculated when non-discounted points, zones or areas are

used;

(e) that a specified discounted rate will apply in a specified

relationship to the quantities actually transported [i.e.,

that the reservation charge will be adjusted in a specified

relationship to quantities actually transported];