Dauphin Island Gathering Partners

First Revised Volume No. 1

Effective Date: 07/01/2003, Docket: RP00-346-001, Status: Effective

Original Sheet No. 195 Original Sheet No. 195 : Effective

15.8 Penalties: If a Shipper fails to comply with an Action Alert, it

shall be subject to a penalty of $1.00 per Dth for any volume of

gas by which it deviated from the requirements of the Action

Alert. If a Shipper fails to comply with a Balancing Alert, it

will be subject to an OFO Charge of $25.00 for each Dth of gas by

which it deviated from the requirements of the Balancing Alert. A

Shipper shall not incur any charges or penalties if such charges

or penalties would not have been incurred but for Shipper's

compliance with an Action Alert or Balancing Alert, including any

preliminary action taken by Shipper in response to a warning

issued by Transporter as a precondition to an Action Alert. A

Shipper shall not incur any penalties if the Action or Balancing

Alert was necessitated exclusively by Transporter's negligence or

willful misconduct.

15.9 Liability of Transporter: Transporter shall not be liable for

any costs incurred by any Shipper in complying with an OFO.

Transporter shall not be responsible for any damages that result

from any interruption in Shipper's service that is a result of a

Shipper's failure to comply promptly and fully with an OFO, and

the non-complying Shipper shall indemnify Transporter against any

claims of responsibility. However, Transporter shall use

reasonable efforts to minimize any such costs or damages.

15.10 Unilateral Action: In the event that (1) Shipper(s) does not

respond to an OFO, or (2) the actions taken thereunder are

insufficient to correct the system problem for which the OFO was

issued, or (3) there is insufficient time to carry out the

procedures with respect to Action Alerts or Balancing Alerts,

Transporter may periodically take unilateral action, including the

curtailment of firm service, to maintain the operational integrity

of Transporter's system (or any portion thereof). For purposes of

this section, the operational integrity of Transporter's system

shall encompass the integrity of the physical system and the

preservation of physical assets and their performance, the overall

operating performance of the entire physical system as an entity

(or any portion thereof),and the maintenance (on a reliable and

operationally sound basis) of total system deliverability and the

quality of gas delivered.