Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 101 Original Sheet No. 101

GENERAL TERMS AND CONDITIONS

1. DEFINITION OF TERMS (Cont'd.)

1.11 "Day" shall mean a period of twenty-four (24) consecutive hours,

beginning and ending with 9:00 a.m. Central Clock Time (10:00

a.m. Eastern Clock Time); Standard time for the gas day is 9:00

a.m. to 9:00 a.m. Central Clock Time (10:00 a.m. to 10:00 a.m.

Eastern Clock Time).

1.12 "Dekatherm" (Dth) shall mean the quantity of heat energy which

is equivalent to one (1) million (1,000,000) BTU, measured on a

dry basis; thus the term MDth shall mean one (1) thousand Dth.

1.13 "Each Dth Of Gas Which Is Delivered" shall mean actual

deliveries measured by use of the meter at the Point of

Delivery. The amount of Gas received from or on behalf of a

Shipper in any day shall be Equivalent Quantities to the amount

delivered to or for the account of such Shipper on such day.

1.14 "Elapsed Prorata Capacity" shall mean that portion of the

capacity that would have theoretically been available for use

prior to the effective time of the intra-day recall based upon a

cumulative uniform hourly use of the capacity.

1.15 "Electronic Communication" shall mean the transmission of

information via Transporter's Web Site or other mutually agreed

communication methodologies used to transmit and receive

information, including communication by telephone or facsimile.

1.16 "Electronic Delivery Mechanism" or "EDM" shall mean the

Electronic Communication methodology used to transmit and

receive data related to gas transactions. Transporter and

Shippers shall designate an electronic "site" at which Shippers

and Transporter may exchange data electronically. All data

provided at such site shall be considered as being delivered to

the appropriate party.

1.17 "Empire Connector" shall mean Transporter's pipeline facilities

commencing at the Original Empire Pipeline at Victor, New York

and terminating at the Millennium Pipeline at Corning, New York.

1.18 "Equivalent Quantity" shall mean the thermal equivalent of the

volumes of gas received at the Point(s) of Receipt, less

Compressor Fuel and Other Gas for Transporter's Use.