Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 123 Original Sheet No. 123

GENERAL TERMS AND CONDITIONS

4. NOMINATIONS, SCHEDULING AND ALLOCATION

4.1 Nominations.

Upon Transporter's acceptance of Shipper's Service Request and

Transporter's and Shipper's execution of a service agreement,

or, upon the acceptance of a capacity release award by a

Replacement Shipper pursuant to Section 12.6 of these General

Terms and Conditions, Shipper shall be entitled to make

nominations for transportation service, as provided herein.

No transportation service will commence unless and until

Transporter has received a completed "Customer Nomination" and

Shipper has been advised by Transporter that the service may

commence. All timely and intra-day nominations for

transportation service shall be made via EDM unless otherwise

agreed to by Transporter. Transporter shall not be required to

accept any purported nomination received via mail, written

notice, courier service, personal delivery or telephone.

The completed Customer Nomination shall include a notation

indicating whether it is submitted as a timely or intra-day

nomination. The standard quantity for nominations,

confirmations and scheduling shall be dekatherms per day. A

nomination requesting modifications to an existing nomination

need reflect only the proposed changes and the proposed

effective date and time.

Transporter will support a seven-day-a-week, twenty-four-hours-

a-day nomination process. It is recognized that the success of

seven days a week, twenty four-hour a day nominations process is

dependent on the availability of affected parties' scheduling

personnel on a similar basis. Party contacts need not be at

their ordinary work sites, but should be available by telephone

or beeper.

The timeline and other applicable procedures for the submission,

validation and confirmation of timely and intra-day nominations

shall be as specified in the NAESB Nominations Related

Standards.