Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 179 Original Sheet No. 179

GENERAL TERMS AND CONDITIONS

12. CAPACITY RELEASE (Cont'd.)

12.8 Rights and Obligations of Replacement Shippers

(a) Subject to the provisions of Subsections (b) - (g) of this

Section 12.8, once the Replacement Shipper obtains an award

of capacity subject to a service agreement with

Transporter, the Replacement Shipper becomes an Existing

Shipper like any other Shipper and is subject to the

provisions set forth in this FERC Gas Tariff including all

requirements concerning nominations and scheduling. In

addition, the Replacement Shipper as an Existing Shipper

(hereinafter called a "Secondary Existing Shipper") may

also release its capacity pursuant to this section.

(b) Upon termination of a source service agreement or a

capacity award under a Master Service Agreement for

Capacity Release Transactions by reason of Shipper default,

Transporter shall have the right to terminate any

Replacement Shipper's capacity award derived from that

agreement or award in default, whether the Replacement

Shipper obtained its capacity award in a release by the

defaulting shipper or by a non-defaulting Secondary

Existing Shipper.