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. 364 First Revised Sheet No. 364 : Effective
Superseding: Substitute Original Sheet No. 364
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 DI 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 (DI),
FT-2 (DI) or IT-1 (DI), in accordance with the provisions
of the applicable Rate Schedule.
3.2 Transporter agrees to accept and process Shipper's Requests
for Service under Section 3.1 in accordance with the
provisions of the applicable Rate Schedules. Transporter's
obligation to transport Shipper's production from the
Dedicated Lease(s) is limited to the Maximum Daily Quantity
for each Path provided under Shipper's FT-2 (DI)
Transportation Service Agreement, including any reduction
of the Maximum Daily Quantity by Shipper as provided in the
FT-2 (DI) Rate Schedule; Transporter makes no
representation that it has or will have capacity to
transport Shipper's production from the Dedicated Lease(s)
in excess of such Maximum Daily Quantity. In the event of
insufficient capacity, Shipper's sole and exclusive remedy
shall be as specified in Sections 2.4 and 2.5 above.
3.3 Transporter shall have no obligation to build or install
new facilities to provide transportation service for
production from Dedicated Lease(s).