High Island Offshore System, L.L.C.
Third Revised Volume No. 1
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Effective Date: 10/01/2007, Docket: RP06-540-004, Status: Effective
Third Revised Sheet No. 36 Third Revised Sheet No. 36 : Effective
Superseding: Substitute Second Revised Sheet No. 36
Rate Schedule FT-2
Firm Transportation Service
(Continued)
Mcf per day or the dekatherm equivalent thereof during any specified
Delivery Period and, further, any increase in MDQ under the FT-2
Agreement shall be subject to availability of firm capacity on the
system as determined by HIOS hereunder. Notwithstanding anything herein
to the contrary, if at any time a federal lessor elects pursuant to its
lease with Shipper to take in kind its royalty share of gas produced
from the Exhibit A leases, Shipper's MDQ shall be adjusted upon thirty
(30) Days written notice by Shipper, to a level that reflects Shipper's
working interest share of gas, net of such royalty gas taken by the
federal lessor. If the federal lessor elects to take royalties-in-kind
for a period of time, and then the federal lessor elects to stop taking
royalties-in-kind, or in the event a federal lessor provides notice to
Shipper of its intent to take royalties-in-kind, but does not actually
take royalties-in-kind, then Shipper's MDQ shall be increased upon
thirty (30) Days written notice by Shipper, to a level that reflects
Shipper's full working interest share of such gas, subject to available
capacity. HIOS reserves the right to require Shipper to provide HIOS
with evidence of the federal lessor's election to take Shipper's gas as
royalties-in-kind, including but not limited to receipts, invoices, or
notices.
6.4 After the second contract quarter of the first contract year of any
Service Agreement executed after October 1, 2006, if, over any Delivery
Period during which HIOS' pipeline is not fully subscribed on a firm
basis, Shipper's average daily throughput on HIOS exceeds one-hundred
twenty percent (120%) of Shipper's applicable MDQ for such Delivery
Period (an "Excess Delivery Period"), then HIOS shall have the right to
require Shipper to increase its MDQ for the remainder of the contract
year, and in such event Shipper shall elect for the remainder of the
contract year either: (a) a quantity increased by the percentage
increase in actual shipments under its FT-2 Service Agreement over the
sum of Shipper's applicable MDQs for each day of the Excess Delivery
Period identified by Transporter, or (b) a quantity equal to the
difference between the quantity actually shipped by Shipper under its
FT-2 Service Agreement during the Excess Delivery Period identified by
Transporter and the sum of Shipper's applicable MDQ for each day of such
Delivery Period. Shipper shall be required to make such election upon
receipt of HIOS' notice. Notice of Shipper's election shall be provided
to HIOS by the next Day following receipt of HIOS' notice and the
increase shall become effective on the first Day of the Delivery Period
next following HIOS' notice to Shipper. The increase shall remain in
effect for the remainder of the contract year, at which time the MDQ
previously in effect shall apply, subject to Transporter providing a
subsequent notice hereunder requiring an increase in MDQ for another
contract year. In the event that Shipper fails to make a timely
election following receipt of HIOS' notice, Shipper shall be deemed to
have elected to increase its MDQ in accordance with the methodology set
forth in (a) above.
6.5 In the event: (i) firm capacity is required to accommodate new shippers
who have requested firm capacity and such capacity is unavailable, or
(ii) HIOS plans a facility expansion to increase mainline capacity, then
HIOS shall have the right to request an updated production profile from
any shipper, subject to the provisions of Section 6.2, and to adjust, if
applicable, the MDQ of such shipper as set forth in this Article VI.