Dauphin Island Gathering Partners

First Revised Volume No. 1

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Effective Date: 03/16/1999, Docket: CP98- 6-003, Status: Effective

Original Sheet No. 391 Original Sheet No. 391 : Effective

 

 

2.4 [Temporary Release

 

(a) Shipper shall be released from its obligations under Section 2.1 with respect to

any quantities of Shipper's production from the Dedicated Lease(s) in excess of

the capacity available on Transporter's MP Facility (i) under Shipper's existing

Transportation Service Agreement(s), (ii) under Rate Schedule IT-1 (MP) and

(iii) for commitment to other firm service (collectively referred to herein as

"Excess Deliverability"). Excess Deliverability shall not include Shipper's

production from the Dedicated Lease(s) which is transported through

Transporter's MP Facility under another shipper's Transportation Service

Agreement under Rate Schedules FT-1 (MP), FT-2 (MP), FT-3 (MP), or IT-1

(MP). In the event of Excess Deliverability, Shipper shall be released from its

obligations under Section 2.1 with respect to the Affected Quantities pursuant to

the provisions of Subsection 2.4(d).

 

(b) Shipper shall be released from its obligations under Section 2.1 with respect to

any quantities of Shipper's production from the Dedicated Lease(s) up to the

MDQ for the applicable Path under Shipper's existing FT-2 (MP) Transportation

Service Agreement that Transporter is unable, due to the fault of Transporter, to

accept for transportation (referred to herein as "Transporter Inability").

Transporter Inability shall not include the inability or refusal of an upstream or

downstream gatherer and/or transporter to accept Shipper's production from the

Dedicated Lease(s). In the event of Transporter Inability, Shipper shall be

released from its obligations under Section 2.1 with respect to the Affected

Quantities pursuant to the provisions of Subsection 2.4(d).

 

(c) For purposes of Sections 2.4 and 2.5, Affected Quantities shall mean those

quantities of Shipper's production from the Dedicated Lease(s) in excess of the

combined quantities that Transporter could transport, on a firm or interruptible

basis, for Shipper on Transporter's MP Facility. The Affected Quantities shall

be deemed to be the last quantities produced, so that any release under Section

2.4 or 2.5 is applicable only to the daily production quantity in excess of the

quantity that Transporter is able to accept into Transporter's MP Facility on a

given day.