High Island Offshore System, L.L.C.
Third Revised Volume No. 1
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Effective Date: 10/01/2009, Docket: RP09-487-001, Status: Effective
Substitute Third Revised Sheet No. 29 Substitute Third Revised Sheet No. 29
Superseding: Substitute Second Revised Sheet No. 29
Rate Schedule FT-2
Firm Transportation Service
(Continued)
following the 3-Month Period (the "Impacted Month"). In such event,
HIOS shall notify Shipper on the invoice submitted for the most recent
production month of the 3-Month Period that the average daily throughput
has dropped below 80% of the MDQ for the 3-Month Period and advise
Shipper of the pending Reservation and Commodity Charges so that Shipper
may have an opportunity to release its firm capacity on a temporary
basis pursuant to Section 17 of the General Terms and Conditions during
the Impacted Month. The billing for the Impacted Month will be the sum
of (i) the Long Haul or Short Haul Reservation Charge, as applicable, as
set forth on the currently effective Sheet 10 multiplied by 100% of the
specified MDQ for the Impacted Month; and (ii) the applicable Commodity
Charges set forth on the currently effective Sheet 10 multiplied by the
sum of the quantities of gas (in Dth) received for Shipper's account at
the Point(s) of Receipt each day of the Impacted Month.
Notwithstanding the above, calculation of the average daily throughput
for any 3-Month Period will be adjusted to reflect any reduction in
throughput as a result of HIOS being unable to confirm Shipper's
nominations due to an incident of Force Majeure claimed by HIOS under
Article 13 of the General Terms and Conditions or any limitations
hereunder; and provided, further, with respect to committed reserves
connected after February 16, 1999, services under this Rate Schedule
will be billed for the first six consecutive calendar months, beginning
with and including the month in which deliveries are initiated, at the
Volumetric Charge, regardless of Shipper's ability to meet the 80%
average daily throughput level.