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. 134 Original Sheet No. 134

 

GENERAL TERMS AND CONDITIONS

 

 

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

 

 

4.8 Imbalance Resolution.

 

(a) A Shipper may elect to resolve imbalances either "in kind"

or by "cash-out". This election must be made by submitting

a completed and signed "Imbalance Resolution Methodology

Form", in the form appearing on Transporter's Web Site.

Any Shipper not submitting that form will be deemed to have

elected to resolve imbalances via cash-out. All imbalances

on all of Shipper's contracts must be resolved using the

same methodology. The election of methodologies must be

made at or before the earliest time a nomination is

required to be submitted under any of Shipper's contracts

for the first day of the month. Such election will remain

in effect until revised by Shipper with the submission of a

new Imbalance Resolution Methodology Form, effective the

first day of the following month. A Shipper may change its

election as often as once a month; provided that a change

in methodology will have no effect on the resolution of

imbalances that arise prior to its effective date. If a

Shipper does not submit a nomination for the transportation

of gas during a calendar month, its imbalance as of the end

of the month shall be subject to "cash-out" resolution,

whether it elected "in kind" or "cash-out" resolution of

imbalances. A shipper may use the Park and Loan services

of third-parties to resolve imbalances hereunder. For

purposes of imbalance resolution, imbalances under all

service agreements in effect for a single shipper will be

set off against each other to arrive at a single cumulative

imbalance.

 

(b) Shipper Imbalance Exchange. Shippers who agree to all the

terms of Transporter's Imbalance Exchange, will be allowed

to exchange imbalances with other such Shippers on such

exchange. Transporter will post a participating Shipper's

imbalance information on the Shipper Imbalance Exchange

portion of Transporter's Web Site or, upon receipt of a

written request, will make the information available to a

participant in written form. Transporter will have