Empire Pipeline, Inc.

Original Volume No. 1

Effective Date: 02/25/2009, Docket: RP09-267-000, Status: Effective

First Revised Sheet No. 165 First Revised Sheet No. 165

Superseding: Original Sheet No. 165

GENERAL TERMS AND CONDITIONS

12. CAPACITY RELEASE (Cont'd.)

(vii) the length of time the Existing Shipper's notice is

to be posted, but not later than the time set by

Section 12.3(a);

(viii) any Prearranged Shipper (which must appear on

Transporter's approved bidder list) proposed by the

Existing Shipper to obtain released capacity under

the rates, terms and conditions contained in the

Shipper's Notice, (a) where the term of the proposed

release is 31 days or less, whether the Existing

Shipper wants Transporter to solicit bids for the

capacity to be released, or (b) whether the release

is exempt from the competitive bidding procedure

because the Prearranged Shipper is either an asset

manager under an asset management agreement as

defined in Section 284.8(h)(3) of the Commission's

regulations, or a marketer participating in a state-

regulated retail access program as defined in Section

284.8(h)(4) of the Commission's regulations;

(ix) releasing shipper has choice to specify dollars and

cents or percents of maximum tariff rate in the

denomination of bids and all transportation service

providers should support this; once the choice is

made by Releasing Shipper, the bids should comport

with the choice;

(x) the minimum price, if any; any maximum/minimum rates

specified by the releasing Shipper should include the

tariff reservation rate and all demand surcharges as

a total number or stated separately;

(xi) the standard(s) to be utilized by Transporter for

determining the best bid for the capacity to be

released and for selecting among more than one "best

bid" (if different from the standards set forth at

Section 12.5(a) hereof, which standards must be

objectively stated, applicable to all Potential

Shippers, and non-discriminatory;