Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 132 Original Sheet No. 132

GENERAL TERMS AND CONDITIONS

4. NOMINATIONS, SCHEDULING AND ALLOCATION (Cont'd.)

4.3 Delivery of Gas. Transporter, subject to the other provisions

hereof, shall make daily delivery, to the extent practicable, of

Equivalent Quantities of Gas at the Point(s) of Delivery after

making adjustment for any prior imbalances in deliveries.

4.4 Allocation to Agreements. Unless otherwise agreed to by

Transporter, Shipper, and the person to which Transporter

physically delivers the Gas, when Gas is delivered on any day at

a single Point of Delivery, or received on any Day at a single

Point of Receipt, pursuant to more than one agreement, such

deliveries shall be allocated to the various Agreements pro rata

based on Confirmed Nominations for such services performed under

all service classifications.

4.5 Hourly Variation. Receipts and deliveries shall be made at

uniform hourly rates to the extent practicable, or as required

by Transporter to protect the integrity of its system, provided,

however, that Shipper shall not, without Transporter's consent,

take delivery of such gas at an hourly rate in excess of five

percent (5%) of Shipper's Maximum Daily Quantity, and provided

further that the hourly deliveries during any Day shall be

subject to each of the following limitations:

(i) Deliveries during any period of three (3) consecutive

hours shall not exceed 14.47% of Shipper's Maximum Daily

Quantity;

(ii) Deliveries during any period of five (5) consecutive hours

shall not exceed 23.45% of Shipper's Maximum Daily

Quantity;

(iii) Deliveries during any period of twelve (12) consecutive

hours shall not exceed 52.08% of Shipper's Maximum Daily

Quantity; and

(iv) Deliveries during any hour shall not exceed 100% of

Shipper's Confirmed Nomination.