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. 191 Substitute Original Sheet No. 191 : Effective

Superseding: Original Sheet No. 191

(iii)Once the term of a release under Subsection

19.3(d)(i) has expired, the Releasing Shipper

cannot release capacity to the same Acquiring

Shipper under Subsection 19.3(d)(i) until

twenty-eight (28) days after the first release

period has ended.

 

(iv) Except as provided herein, all terms and

conditions applicable to release of firm

capacity under Transporter's Gas Tariff shall

apply to any prearranged release of firm

capacity.

 

19.4 Recall Rights Under a Temporary Release Subject to Recall:

 

(a) A Releasing Shipper has the right to define the

conditions(s) precedent which will result in a

recall of the released firm capacity; provided,

however, that such condition(s) shall not be

inconsistent with the terms and conditions of the

Releasing Shipper's Transportation Service Agreement

or with the provisions of Transporter's FERC Gas

Tariff. There shall be no partial day recalls of

capacity. Furthermore, the recall conditions

specified by the Releasing Shipper must be

nondiscriminatory and identifiable events.

 

(b) If a Releasing Shipper wishes to exercise its right

to recall its firm capacity released under Rate

Schedule FT-1 (MP), FT-1 (DI), FT-2 (MP), FT-2 (DI)

or FT-3 (MP), other than exercising the right to

recall capacity on dates previously specified in its

Offer, to be effective for a gas day, notice shall

be provided by Releasing Shipper by Facsimile to the

Transporter and the Acquiring Shipper no later than

8:00 a.m. CCT on nomination day.

 

(c) A Releasing Shipper shall be responsible for

notifying, or causing to be notified, its Acquiring

Shipper (and all subsequent Acquiring Shipper(s))

prior to the exercise of the Releasing Shipper's

recall right. Transporter has the right to rely on

a Releasing Shipper's notice and a Releasing Shipper

shall defend and indemnify Transporter against any

claims, losses, liabilities or expenses resulting

from claims by any Acquiring Shipper that it was not

notified or that firm capacity was not recalled in

accordance with the recall rights specified by the

Releasing Shipper in its Offer.