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. 420 Original Sheet No. 420 : 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 DI Facility (i) under Shipper's existing
Transportation Service Agreement(s), (ii) under Rate Schedule IT-1 (DI) 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 DI Facility under another shipper's Transportation Service
Agreement under Rate Schedules FT-1 (DI), FT-2 (DI) or IT-1 (DI). 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 (DI) 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 DI 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 DI Facility on a
given day.