Dauphin Island Gathering Partners
Original Volume No. 1
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Effective Date: 01/10/1999, Docket: RP99-181-000, Status: Effective
First Revised Sheet No. 342 First Revised Sheet No. 342 : Effective
Superseding: Original Sheet No. 342
or [if the second alternative of Section 2.4 is used, the
second alternative of Section 2.5 must be used]
2.5 [Permanent Release
In the event, and to the extent that quantities of
Shipper's production from the Dedicated Lease(s) fails, for
reasons other than force majeure, to flow into
Transporter's MP Facility or to be delivered by Transporter
to or for Shipper's account at the Delivery Point(s) over
any period of sixty (60) consecutive days, then upon prior
written notice from Shipper to Transporter, and if such
failure is insufficient capacity on Transporter's MP
Facility, Transporter shall prepare and submit to Shipper,
within thirty (30) days of receipt of Shipper's written
notice, a plan ("Capacity Plan") to restore such capacity.
If Shipper accepts such Capacity Plan, Transporter shall
promptly commence to perform such work as is required to
carry out the Capacity Plan with reasonable dispatch,
subject to the receipt of necessary regulatory approvals.
If Shipper rejects such Capacity Plan, Shipper will propose
an alternative Capacity Plan to Transporter for
consideration and response by Transporter within fifteen
(15) days after Transporter receives Shipper's alternative
Capacity Plan. In the event Shipper and Transporter fail
to reach agreement as to a Capacity Plan within fifteen
(15) days after Transporter receives Shipper's alternative
Capacity Plan, then Shipper may elect at any time
thereafter to have permanently released from the gas
dedicated under this Agreement a daily quantity of gas
equal to the largest daily quantity of Shipper's production
from the Dedicated Lease(s) which Shipper duly tendered,
according to gas deliverability tests, and which failed to
flow into Transporter's MP Facility or to be delivered by
Transporter to or for Shipper's account at the Delivery
Point(s) during the foregoing sixty (60) consecutive day
period. For allocation and scheduling purposes of gas
production from the Dedicated Lease(s), all quantities of
gas permanently released pursuant to this Section 2.5 shall
be considered to be the first gas produced on any day.]
ARTICLE III
TRANSPORTATION
3.1 Shipper may request that its production from the Dedicated
Lease(s) be transported under Rate Schedules FT-1 (MP),
FT-2 (MP) or IT-1 (MP), in accordance with the provisions
of the applicable Rate Schedule.