Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 144 Original Sheet No. 144

GENERAL TERMS AND CONDITIONS

5. MEASUREMENT AND MEASUREMENT EQUIPMENT (Cont'd.)

The operator, for purposes of this section, shall be the owner

of the equipment referenced herein, or the agent of such owner,

or such other person as the parties may agree in writing.

If, upon any test, any measuring equipment is found to be in

error, such errors shall be taken into account in a practical

manner in computing the deliveries. If the resultant aggregate

error in the computed receipts or deliveries is not more than

two percent (2%), then previous receipts or deliveries shall be

considered accurate. All equipment shall, in any case, be

adjusted at the time of test to record correctly. If, however,

the resultant aggregate error in computing receipts or

deliveries exceeds two percent (2%), at a recording

corresponding to the average hourly rate, of Gas flow rate for

the period since the last preceding test, the previous

recordings of such equipment shall be corrected to zero error

for any period which known definitely or agreed upon, but in

case the period is not known definitely or agreed upon, such

correction shall be for a period extending over one-half of the

time elapsed since the date of the last test.

5.4 In the event any measuring equipment is out of service, or is

found registering inaccurately and the error is not determinable

by test, previous recordings of receipts or deliveries through

such equipment shall be determined as follows; provided,

however, that the correction period shall not exceed

one (1) year:

(a) by using the registration of any check meter or meters if

installed and accurately registering, or in the absence of

(a);

(b) by correcting the error if the percentage of error is

ascertainable by calibration, special test or mathematical

calculation, or in the absence of both (a) and (b) then;

receipts or deliveries during preceding periods under

similar conditions when the meter was registering

accurately.