Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 120A Original Sheet No. 120A

GENERAL TERMS AND CONDITIONS

2. QUALIFICATION FOR SERVICE (Cont'd.)

2.3 Evaluation of Requests for Service

Upon Transporter's determination that Shipper's request for

service is complete, Transporter will enter such request on a

list of pending complete requests and so notify Shipper. Subject

to Sections 12, 14 and 15 of these General Terms and Conditions,

Transporter will evaluate its ability to satisfy complete

requests for transportation in their order of entry on such list,

provided, however, that Transporter shall have no obligation to

evaluate a request for service that is contingent upon

Transporter's agreement to a discounted rate unless and until

such discount request is granted by Transporter. Transporter

shall process requests for service within a reasonable period of

time. If Transporter rejects a request for service which has

been entered on Transporter's list of pending complete requests,

Transporter will so notify Shipper within one (1) Business Day of

such rejection. In such event, Shipper's request for service will

not remain entered on such a list.

A Service Agreement (or, when tendered by Transporter in response

to a request for firm service that requires the construction of

facilities, a precedent agreement) shall be executed by Shipper

and Transporter following Transporter's acceptance in writing of

Shipper's request for service. Subject to Section 14 of the

General Terms and Conditions of this tariff, in the event the

Service Agreement or precedent agreement is not executed by

Shipper and returned within thirty days after Transporter

tendered the contract, Transporter shall consider the request for

service invalid.