Empire Pipeline, Inc.

Original Volume No. 1

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

First Revised Sheet No. 156 First Revised Sheet No. 156

Superseding: Original Sheet No. 156

GENERAL TERMS AND CONDITIONS

10. UNAUTHORIZED TENDERS AND RECEIPTS (Cont'd.)

(i) receipts of gas that constitute unscheduled overruns of the

contract quantities under the service agreement(s) between

Shipper and Transporter during the effectiveness of an

Operational Flow Order prohibiting such overruns shall

constitute an unauthorized receipt of such quantities; and

(j) the incurrence or aggravation of a daily imbalance subject

to a daily imbalance penalty under Section 4.7 while an OFO

applicable to Shipper is in effect.

Transporter will provide its Shippers with reasonable notice of

any interruption, discontinuance, curtailment or termination of

service or of any Operational Flow Orders and Shipper shall be

permitted twenty-four (24) hours, or such lesser time as is

required to protect the integrity of Transporter's system, to

reduce its tenders or receipts in compliance with such notice.

10.2 Disposition of Unauthorized Tenders and Receipts

Transporter shall retain any unauthorized tenders at no cost and

free and clear of any adverse claims of any party. Unauthorized

receipts by a Shipper shall be treated as an imbalance for

purposes of Section 4 of these General Terms and Conditions

until such imbalance is cleared.

10.3 Charges Associated with Unauthorized Tenders and Receipts

(a) If the unauthorized tender or receipt occurs during the

effectiveness of a Level 2 OFO, as defined at Section 16.5

of these General Terms and Conditions, and aggravates the

condition resulting in the issuance of such OFO, it shall

be subject to a charge equal to $20 per Dth plus the Cost

of Gas, as defined below.

(b) If the unauthorized tender or receipt occurs during the

effectiveness of a Level 3 OFO, as defined at Section 16.5

of these General Terms and Conditions, and aggravates the

condition resulting in the issuance of such OFO, it shall

be subject to a charge equal to $25 per Dth plus the Cost

of Gas, as defined below.

subject to a charge equal to $10 per Dth plus the Cost of

Gas, as defined below.