Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 22 Original Sheet No. 22

RATE SCHEDULE FT

Firm Transportation Service

(Continued)

3. RATES (Cont'd.)

3.6 If Transporter fails to tender Gas for redelivery at the Point(s)

of Delivery for the account of a Shipper during any Day, due to

the Transporter's scheduling of necessary maintenance and repair

of pipeline facilities, necessary maintenance and repair of

compression facilities, and/or facility outages for tie-in of new

facilities, but not including any incidence of force majeure, as

defined in Section 28.6 of the General Terms and Conditions, the

quantity of Gas that Shipper has nominated for, or makes available

to Transporter on, such Day, or Shipper's Maximum Daily Quantity,

whichever is less, then subject to the provisions of the General

Terms and Conditions, the Shipper shall be entitled to a

reservation charge credit equal to the Reservation Charge

multiplied by twelve (Months) and divided by 365 (Days), then

multiplied by the excess of (a) such quantity of Gas nominated or

made available for delivery by Shipper, whichever is less, over

(b) the Maximum Daily Quantity, or the quantity actually received

by Transporter for the account of Shipper during such Day,

whichever is less. This Section 3.6 shall not apply to a

negotiated rate agreement unless such agreement specifically

provides that this section shall apply or unless service was

provided under such agreement prior to the effective date of this

FERC Gas tariff.

3.7 If Transporter fails to tender Gas for redelivery at the Point(s)

of Delivery for the account of a Shipper during any Day, due to

the incidence of force majeure, as defined in Section 28.6 of the

General Terms and Conditions, the quantity of Gas that Shipper has

nominated for, or makes available to Transporter on, such Day, or

Shipper's Maximum Daily Quantity, whichever is less, then subject

to the provisions of the General Terms and Conditions, the Shipper

shall be entitled to a reservation charge credit equal to the

applicable percentage of the Reservation Charge shown on Sheet No.

6 multiplied by twelve (Months) and divided by 365 (Days), then

multiplied by the excess of (a) such quantity of Gas nominated or

made available for delivery by Shipper, whichever is less,