Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 136 Original Sheet No. 136

GENERAL TERMS AND CONDITIONS

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

Transporter shall post the Negative Imbalance Cash-Out Price

for each month on its Web Site. The Negative Imbalance

Cash-Out Price shall be equal to one hundred ten percent

(110%) of the following index (the "Index"):

The Midpoint Average for the Niagara price point for the

month during which the imbalance arose, as reported in

Platt's Gas Daily Price Guide.

(b) Clearing of Positive Imbalances. Should such imbalance be

positive, the imbalance shall be subject to Positive

Imbalance Cash-Out.

The Positive Imbalance Cash-Out Price is a price per Dth

which is applied to the amount of the Shipper's positive

imbalance. Transporter will refund, credit or otherwise pay

to Shipper the Positive Imbalance Cash-Out Price in return

for Transporter's retaining the positive imbalance

quantities at no further cost to Transporter, free and clear

of any claims by any adverse party including Shipper.

Shipper's regular invoice for transportation services will

include a credit or refund for the money owed to Shipper

under this Positive Imbalance Cash-Out. Upon sending that

invoice, Transporter will make gas accounting entries

reducing the amount of Shipper's positive imbalance

accordingly. Transporter shall post the Positive Imbalance

Cash-Out Price for each month on its Web Site.

The Positive Imbalance Cash-Out Price shall be equal to

ninety percent (90%) of the Index as defined in Section 4.9

(a) hereof.

into its system or sell Gas for delivery out of its system

in order to balance or maintain the operational integrity of

its system. These transactions ("Operational Transactions")

may be conducted on a first-come, first-served basis at

posted prices, or pursuant to an open auction or electronic

gas trading system, or negotiated directly with third