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. 223 Original Sheet No. 223








(a) Transporter shall deliver gas at each delivery point to or for

the account of Shipper at the pressure which shall be available

from time to time in Transporter's pipeline, less any pressure

reduction that may occur through any measurement, flow control,

regulation or other appurtenant facilities that are owned by

Transporter; provided, however, that Transporter and a firm

Shipper may mutually agree to a specific minimum delivery

pressure for a stated period at any delivery point or points

which Transporter shall agree to meet or exceed, and where

necessary, upon specified conditions to ensure that such

agreement does not have any adverse effects on Transporter's

system. Transporter's obligation to meet or exceed this minimum

delivery pressure shall be contingent upon total deliveries at

the particular delivery point or points not exceeding the sum of

the maximum quantities, applicable to such point, of all

Shippers with firm service agreements specifying such point as a

primary delivery point. Transporter may meet or exceed the

specified minimum delivery pressure if deliveries at the

delivery point or points are in excess of such sum, but shall

have no obligation to do so. If Transporter and Shipper agree to

a specific minimum delivery pressure obligation for a stated

period, the pressure obligation and any conditions will be

specified in the service agreement in the blank spaces provided

in the Form of Service Agreement. Transporter may at any time,

and from time to time, exceed a minimum delivery pressure

obligation it has made to a Shipper. Transporter also may

operate its facilities at less than the minimum delivery

pressure obligation made to a Shipper when maintenance of the

minimum pressure is not necessary to effect delivery of

scheduled quantities up to the maximum quantity specified in

Shipper's service agreement. If Transporter and a Shipper are

unable to mutually agree upon a minimum pressure commitment,

Transporter will, upon request from that Shipper, provide a

written explanation concerning the operational reasons for the