Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 04/21/2010, Docket: RP10-505-000, Status: Effective

First Revised Sheet No. 155 First Revised Sheet No. 155

Superseding: Original Sheet No. 155

GENERAL TERMS AND CONDITIONS

10. UNAUTHORIZED TENDERS AND RECEIPTS

10.1 Definition

Unauthorized tenders and receipts are amounts of gas delivered

to Transporter or taken by Shipper from Transporter:

(a) in the absence of a transportation service agreement and

submission of a nomination pursuant to Section 4.1 of these

General Terms and Conditions,

(b) following an interruption of service by Transporter

pursuant to Rate Schedule IT,

(c) in violation of an Operational Flow Order issued by

Transporter to Shipper pursuant to Section 16 of these

General Terms and Conditions,

(d) following a suspension of service pursuant to Section 3.3

or Section 7 of these General Terms and Conditions,

(e) following a discontinuance or curtailment of service

pursuant to Section 9 of these General Terms and

Conditions, or

(f) following a discontinuance, curtailment or termination of

service authorized by any other provision of this tariff or

agreement executed thereunder.

Unauthorized tenders and receipts also include the following:

(g) a Shipper's failure to provide Gas to Transporter to

rectify an imbalance when required by operating conditions

shall constitute an unauthorized receipt of the quantities

specified in Transporter's notice pursuant to Section 3.1

of these General Terms and Conditions;

(h) a Shipper's failure to take delivery of Gas to rectify an

imbalance when required by operating conditions shall

constitute an unauthorized tender of the quantities

specified in Transporter's notice pursuant to Section 3.1

of these General Terms and Conditions;