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. 187 Original Sheet No. 187

GENERAL TERMS AND CONDITIONS

12. CAPACITY RELEASE (Cont'd.)

(d) In the event capacity is recalled for the Intra-Day 1

Nomination Cycle, the fixed charges for that day

applicable to the Recalling Shipper shall be two-thirds

(2/3) of the daily equivalent of the monthly fixed

charges under the source agreement, and the fixed

charges for that day applicable to the Replacement

Shipper whose capacity is recalled shall be one-third

(1/3) of the daily equivalent of the monthly fixed

charges under the Replacement Shipper's service

agreement. In the event capacity is recalled for the

Intra-Day 2 Nomination Cycle, the fixed charges for

that day applicable to the Recalling Shipper shall be

one-half (1/2) of the daily equivalent of the monthly

fixed charges under the source agreement, and the fixed

charges for that day applicable to the Replacement

Shipper whose capacity is recalled shall be one-half

(1/2) of the daily equivalent of the monthly fixed

charges under the Replacement Shipper's service

agreement. For Intra-Day 1 and Intra-Day 2 recalls,

commodity and other volumetric charges (including

charges for releases at volumetric rates) for the

Replacement and Recalling Shipper shall be based upon

the quantities scheduled by Transporter for each

shipper with respect to the portion of the day it holds

the capacity.