Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 104 Original Sheet No. 104

GENERAL TERMS AND CONDITIONS

1. DEFINITION OF TERMS (Cont'd.)

1.35 "Quantity of Gas" shall mean a number of units of gas expressed

in dekatherms, unless otherwise specified.

1.36 "Recourse Rate Shipper" shall mean a Shipper under an agreement

that does not include a negotiated rate pursuant to Section 18.2

of these General Terms and Conditions.

1.37 "Replacement Shipper", as used in Section 12 of these General

Terms and Conditions, shall mean a Potential or Pre-Arranged

Shipper that has been awarded firm capacity rights for a

specified period of time through Transporter's capacity release

mechanism.

1.38 "Seasonal Firm Shipper" shall mean an FT Shipper subject to the

Winter Reservation Charge and/or the Summer Reservation Charge,

pursuant to Section 3.5 of the FT Rate Schedule.

1.39 "Secondary Delivery Point" shall mean any point other than the

Point of Delivery specified in any Agreement pursuant to Rate

Schedule FT.

1.40 "Secondary Receipt Point" shall mean any point other than the

Point of Receipt specified in any Agreement pursuant to Rate

Schedule FT.

1.41 "Shipper" shall mean any customer for service under one or more

of the Rate Schedules of this tariff which executes Service

Agreement(s), pursuant to such schedule, with Transporter.

1.42 "Summer Period" shall refer to the months of April, May, June,

July, August, September, and October.

1.43 "Tender Gas" and "Tender of Gas" shall mean that the delivering

party is able and willing, and offers, to deliver gas to the

receiving party at the appropriate Point of Receipt or Delivery.

1.44 "Transportation" and "Transportation Service" shall mean

transportation of Gas by either Forward-haul or Backhaul or any

combination thereof.

1.45 "Transporter" shall mean Empire Pipeline, Inc.