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. 194 Original Sheet No. 194

GENERAL TERMS AND CONDITIONS

14. PROCEDURES FOR ALLOCATING FIRM CAPACITY (Cont'd.)

14.5 If some or all of the posted capacity remains available

following the posting period, either for an indefinite period or

for an interim period ending with the commencement date of the

service(s) of the shipper(s) submitting the Best Bid(s) and

awarded during the posting period ("Interim Period"),

Transporter may, in its discretion, establish additional posting

periods. Requests for firm service that are received by

Transporter outside of an established posting period shall be

processed on a first-come, first-served basis in accordance with

the applicable rate schedule, subject to Section 14.6. A

service agreement for capacity available only during an Interim

Period shall not be a Qualifying Agreement for purposes of

Section 15 of these General Terms and Conditions (Pregranted

Abandonment and Right of First Refusal).

14.6 If Transporter receives a request for firm service (other than a

backhaul service) that requires capacity that exists on

Transporter's system, but has not been disclosed to shippers on

Transporter's Web Site, Transporter shall solicit service

requests for such capacity, and shall allocate such capacity in

accordance with this Section 14. In such case, the request for

capacity that had not been disclosed shall be considered to have

been received in response to the posting and during the posting

period.

14.7 Any shipper submitting a request in response to a posting

pursuant to this Section 14 may later amend its bid prior to the

conclusion of the posting period.

14.8 Notwithstanding the above, Transporter shall not be obligated to

accept any bid or execute a service agreement or precedent

agreement at a rate less than the maximum rate allowable under

the applicable rate schedule. Transporter's posting may specify

a minimum rate and the latest commencement date that Transporter

will accept for service requiring the capacity described in its

posting. Transporter may also determine a minimum rate prior to

the commencement of the posting period, without posting such

minimum rate.