Empire Pipeline, Inc.

Original Volume No. 1

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

First Revised Sheet No. 173 First Revised Sheet No. 173

Superseding: Original Sheet No. 173

GENERAL TERMS AND CONDITIONS

12. CAPACITY RELEASE (Cont'd.)

(b) Bids may be submitted by Potential Shippers to Transporter

via a written notice or facsimile transmission or via E-

mail during the posting period applicable to the Existing

Shipper's Notice. Transporter will post the terms of each

complete bid, but will not post the identity of the bidder,

on the Web Site. Posted bids shall be accessible via EDM.

Transporter shall reject bids which do not match or exceed

any minimum rate or term specified by the Existing

Shipper's Notice, or are in other respects incomplete or

non-responsive to such notice. No rate limitation applies

for releases of capacity for a term of one year or less if

the release is to take effect on or before one year from

the date on which Transporter is notified of the release;

otherwise (i) any bid received by Transporter offering to

pay rates in excess of Transporter's applicable maximum

rates, inclusive of surcharges, shall be treated by

Transporter as an offer to pay rates equal to Transporter's

applicable maximum rates, inclusive of surcharges, and no

payments may be made or accepted at rates in excess of

Transporter's applicable maximum rates, inclusive of

surcharges, and

(ii) where the Existing Shipper has specified that

volumetric bids or bids based upon other variants of the

rates applicable to the capacity to be released will be

accepted, any bid which has a one hundred percent (100%)

load factor derivative more than the one hundred percent

(100%) load factor derivative of the maximum rates

applicable to the capacity to be released shall be deemed

to be a bid offering to pay rates in excess of

Transporter's applicable maximum rates. Potential Shippers

may revise their bids during the posting period. Potential

Shippers may not submit multiple bids for the same package

of capacity.