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. 206 Original Sheet No. 206

GENERAL TERMS AND CONDITIONS

16. OPERATIONAL FLOW ORDERS (Cont'd)

16.5 Degrees of Severity of OFO's

If Transporter determines that it is necessary to issue an OFO,

Transporter will classify the OFO within one of the following

three levels of severity, with Level 1 representing the least

severe operational condition and Level 3 representing the most

severe operational condition:

Level 1: Transporter experiences a condition covered by Section

16.2(a) that is not a Level 2 or Level 3 condition.

Level 2: Transporter experiences a condition covered by Section

16.2(a) during the non-heating season (May-October) that

threatens service to local markets directly connected to

Transporter's system.

Level 3: Transporter experiences a condition covered by Section

16.2(a) during the heating season (November-April) that

threatens service to local markets directly connected to

Transporter's system.

16.6 Penalties

Tenders or receipts in violation of an OFO shall subject Shipper

to penalties as specified in Section 10.3 of these General Terms

and Conditions.