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. 137 Original Sheet No. 137








parties. The receipt or delivery point for all Operational

Transactions shall be the interconnection between

Transporter's system and the facilities of TransCanada Gas

Pipelines, Ltd., at Chippawa, Ontario.



(d) Crediting of Cash-Out and Operational Transaction Revenues

in Excess of Costs. For purposes of this Subsection 4.9

(d), an "Annual Billing Period" shall be the twelve month

period commencing each April and ending the following March

31. Subsequent to the end of each Annual Billing Period,

Transporter shall compare (i) the revenues received by

Transporter under the cash-out procedures and revenues from

Operational Transactions with (ii) the costs incurred by

Transporter under such cash-out procedures, and costs

incurred in Operational Transactions. If the revenues

received exceed the costs incurred, then Transporter shall

credit, within 60 days of the end of the Annual Billing

Period, the net overrecoveries to FT Shippers on a pro rata

basis in accordance with the transportation volumes

Transporter has delivered to each such Shipper during the

Annual Billing Period. Such refund may be accomplished by a

credit payment or a credit against any amounts owed by

Shipper to Transporter and in either case shall be

accompanied by an accounting showing the basis for the

credit. If the revenues received are less than the costs

incurred, then Transporter shall carry forward the net

underrecoveries to the subsequent Annual Billing Period and

may offset such net underrecoveries against any future net

overrecoveries that may occur in a subsequent Annual Billing