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. 191 Original Sheet No. 191

GENERAL TERMS AND CONDITIONS

13. ACQUIRED CAPACITY

(a) Transporter may from time to time acquire capacity on a third-

party system ("Acquired Capacity"). Transporter may use

Acquired Capacity for its system operational needs and to render

service to its customers. When Transporter uses Acquired

Capacity to transport or store gas for others, such service will

be provided pursuant to this FERC Gas Tariff. For purposes of

any use of Acquired Capacity covered by this Section 13, the

"shipper must hold title" requirement is waived.

(b) This Section 13 does not preclude Transporter from seeking case

specific authorization for the utilization of Acquired Capacity

on terms and conditions that differ from those set forth in

Section 13(a).