Empire Pipeline, Inc.

Original Volume No. 1

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

First Revised Sheet No. 183 First Revised Sheet No. 183

Superseding: Original Sheet No. 183

GENERAL TERMS AND CONDITIONS

12. CAPACITY RELEASE (Cont'd.)

12.9 Billing Adjustments

Transporter shall credit the bill of the Existing Shipper with

any reservation, demand or capacity charges (including

surcharges thereon), and, in the case of a Negotiated Rate

Shipper responsible for commodity or usage charges, such

commodity or usage charges (including surcharges) billed to a

Replacement Shipper utilizing capacity released by the Existing

Shipper; provided, however, that should a Replacement Shipper

(including a Replacement Shipper of any Secondary Existing

Shipper) default on its obligation to make timely payment for

the charges billed by Transporter, such credit shall be

reversed, as of the date the credit was made, and the Existing

Shipper shall be liable for such charges, together with interest

as set forth in Section 7.2 of these General Terms and

Conditions. The bill of the Existing Shipper shall be credited

with any such charges received by Transporter subsequent to the

reversal of such credit.

The rate paid by a Replacement Shipper in any capacity release

transaction which is not subject to Transporter's maximum rate

pursuant to Section 284.8(b)(2) of the Commission's regulations

will be deemed to be a final rate and is not subject to refund.