Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 172 Original Sheet No. 172

GENERAL TERMS AND CONDITIONS

12. CAPACITY RELEASE (Cont'd.)

12.4 Eligible Bidders and Bidding Procedure

(a) During the posting period applicable to an Existing

Shipper's Notice that is subject to competitive bidding,

Transporter will accept bids from Potential Shippers that

are listed on Transporter's approved bidder list and that

satisfy Transporter's credit requirements for the capacity

proposed to be released. A request to be added to

Transporter's approved bidder list must be tendered to

Transporter in writing to:

Empire Pipeline, Inc.

Attn: Empire Contract Administration

6363 Main Street

Williamsville, New York 14221

Such requests must include the information required by

Section 2.1 of these General Terms and Conditions and by

Transporter's Transportation Service Request Form as posted

on the Web Site from time to time. To be placed on and to

remain on Transporter's approved bidder list, a Potential

Shipper must satisfy, initially and on a continuing basis,

Transporter's credit requirements as outlined in Section 2.2

of these General Terms and Conditions and execute and

maintain in force a Master Service Agreement for Capacity

Release Transactions in the form set forth herein beginning

at Sheet No. 494.