Dauphin Island Gathering Partners

Original Volume No. 1

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Effective Date: 12/23/1997, Docket: RP98- 17-000, Status: Effective

Substitute Original Sheet No. 40 Substitute Original Sheet No. 40 : Effective

Superseding: Original Sheet No. 40

5.2 Authorized Overrun Service:

Transporter may authorize Shipper to deliver at the Receipt

Point(s) daily overrun quantities of gas to the extent

that, in the sole judgment of Transporter, the capacity for

the associated Path of Transporter's MP Facility will

permit such transportation service without jeopardizing the

ability of Transporter to meet all of its other firm

service obligations. The term "Authorized Daily Overrun

Quantity" shall mean the quantity of gas which is

authorized and received by Transporter during any day in

excess of Shipper's MDQ for the Path under the applicable

FT-3 (MP) Transportation Service Agreement. Any request

for Authorized Daily Overrun Quantity must be made by

Shipper at least twenty-four (24) hours prior to the

beginning of the day to which such request relates.

Transporter may waive a part or all of such advance notice

requirement, if in its judgment, operating conditions

permit such waiver. The formula for calculating such

Overrun Service Rate is set forth on the applicable

currently effective sheets of Transporter's FERC Gas

Tariff.

5.3 Unauthorized Overrun Service:

(a) Each Dth of gas received from Shipper on any day

under the applicable FT-3 (MP) Transportation

Service Agreement, which is in excess of one hundred

five percent (105%) of Shipper's MDQ for the Path

under the FT-3 (MP) Transportation Service

Agreement, which has not been authorized under

Section 5.2 of this Rate Schedule, shall be

considered as "Unauthorized Daily Overrun Quantity"

and shall be subject to a penalty rate equal to the

greater of ten dollars ($10.00) or two times the

Spot Price Index for the applicable month, in

addition to all the charges set forth in Section 5.2

above.

(b) Each Dth of gas received from Shipper as an

Unauthorized Daily Overrun Quantity at any time

after Transporter has issued an express order to

Shipper to cease and desist shall be subject to a

penalty rate equal to twelve (12) times the sum of

the applicable Maximum Reservation Rates under this

Rate Schedule, in addition to all of the charges set

forth in Sections 5.2 and 5.3(a), above.

5.4 A Revenue Bank shall be established consisting of the sixty

(60) consecutive month period ending with the applicable

month for which a monthly bill is being prepared (the

"Credit Period"). If a period of sixty (60) consecutive

months has not elapsed since the effective date of the FT-3

(MP) Transportation Service Agreement, the Credit Period