Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 203 Original Sheet No. 203

GENERAL TERMS AND CONDITIONS

16. OPERATIONAL FLOW ORDERS (Cont'd)

(b) Examples of measures that do not constitute OFO's include,

without limitation:

(1) A declination by Transporter to schedule any

interruptible overrun service, or a curtailment or

bumping of any interruptible service, in order to serve

higher priority shippers;

(2) A declination by Transporter to schedule any firm

service at Secondary Points of Receipt or Delivery, or

a curtailment of bumping of such secondary firm

service, in order to provide firm service to other

shippers at Primary Points of Receipt or Delivery; and

(3) A declination to transport excess deliveries pursuant

to Section 4.6 of these General Terms and Conditions.

16.2 Standards for the Beginning and End of OFO's

(a) General

Transporter, in its reasonable discretion, shall have the

right to issue OFO's upon determination by Transporter that

action is required in order to alleviate conditions which

threaten the integrity of Transporter's system, to maintain

pipeline operations at the pressure required to provide

reliable firm services, to have adequate supplies in the

system to deliver on demand, to maintain firm service to

all shippers and for all firm services, and to maintain the

system in balance for the foregoing purposes. To the

extent feasible, Transporter shall direct such OFO's to

those shippers causing the condition that necessitates

issuance of the OFO. As soon as the conditions giving rise

to an OFO have been corrected or are no longer present, the

OFO shall be terminated.