templates like yours are a quite special case, with the main section not requiring the file list, because it does it later with a further request.
What happens now is that you actually cause the listing to be done twice on the server, with the first one just discarded without being used.
To support cases like this (btw, same method used by hfs3 project) I will see to introduce a section-flag to let you specify that you don't need the %list%.
I considered having this automatic without flag, but it would require the server to execute the template to know if the %list% is used or not, because you can include other sections at run-time. I want it to be done before execution.
p.s. TBH, before this post i had tested your tpl, but by accident i ran an older hfs, so i saw no problems