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. 362 Substitute Original Sheet No. 362 : Effective

Superseding: Original Sheet No. 362

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.

 

(d) Shipper and Transporter shall discuss the cause and

anticipated duration of any Transporter Inability or

Excess Deliverability. Shipper will limit any

commitment it makes to third parties to deliver the

Affected Quantities released under this Section 2.4

for a period to coincide with the anticipated

duration of the Transporter Inability or Excess

Deliverability; provided that in no event will the

Affected Quantities be returned for transportation

under a FT-1 (DI), FT-2 (DI) or IT-1 (DI)

Transportation Service Agreement later than the

first day of the calendar month following sixty (60)

days after receipt by Shipper of Transporter's

notice that it is able to accept all quantities of

Shipper's production from the Dedicated Lease(s)

tendered by Shipper.]

 

or

 

2.4 [Temporary Release

 

If, for any reason, Transporter fails to receive quantities

of Shipper's production from the Dedicated Lease(s) at a

flow rate equal to Shipper's MDQ for all Paths under the

applicable Transportation Service Agreement(s), such

quantities not received shall, upon prior written notice by

Shipper, be temporarily released on a month to month basis,

until Transporter fully remedies such failure and can

receive quantities of Shipper's production from the

Dedicated Lease(s) at a flow rate equal to Shipper's MDQ

for all such Paths. For allocation and scheduling purposes

of gas production from the Dedicated Lease(s), all

quantities of gas temporarily released pursuant to this

Section 2.4 shall be considered to be produced immediately

after any gas permanently released pursuant to Section

2.5.]