SERVICE AGREEMENT NO. 79133 CONTROL NO. 2004-06-05-0006
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| CONTROL NO. | 2004-06-05-0006 |
THIS AGREEMENT, made and entered into this 1st day of November, 2004, by and
between:
WITNESSETH: That in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
Section 1. Service to be Rendered. Transporter shall perform and Shipper shall receive
service in accordance with the provisions of the effective SST Rate Schedule and applicable General
Terms and Conditions of Transporter’s FERC Gas Tariff, Second Revised Volume No. 1 (Tariff), on
file with the Federal Energy Regulatory Commission (Commission), as the same may be amended or
superseded in accordance with the rules and regulations of the Commission. The maximum obligation
of Transporter to deliver gas hereunder to or for Shipper, the designation of the points of
delivery at which Transporter shall deliver or cause gas to be delivered to or for Shipper, and the
points of receipt at which Shipper shall deliver or cause gas to be delivered, are specified in
Appendix A, as the same may be amended from time to time by agreement between Shipper and
Transporter, or in accordance with the rules and regulations of the Commission. Service hereunder
shall be provided subject to the provisions of Part 284. 223 of Subpart G of the Commission’s
regulations. Shipper warrants that service hereunder is being provided on behalf of Shipper.
Section 2. Term. Service under this Agreement shall commence as of April 1, 2005, and
shall continue in full force and effect until October 31, 2014. Pre-granted abandonment shall
apply upon termination of this Agreement, subject to any right of first refusal Shipper may have
under the Commission’s regulations and Transporter’s Tariff.
Section 3. Rates. Shipper shall pay Transporter the charges and furnish Retainage as
described in the above-referenced Rate Schedule, unless otherwise agreed to by the parties in
writing and specified as an amendment to this Service Agreement. Transporter may agree to discount
its rate to Shipper below Transporter’s maximum rate, but not less than Transporter’s minimum
rate. Such discounted rate may apply to: a) specified quantities (contract demand or commodity
quantities); b) specified quantities above or below a certain level or all quantities if
quantities exceed a certain level; c) quantities during specified time periods; d) quantities at
specified points, locations, or other defined geographical areas; and e) that a specified
discounted rate will apply in a specified relationship to the quantities actually transported
(i.e., that the reservation charge will be adjusted in a specified relationship to quantities
actually transported). In addition, the discount agreement may include a provision that if one
rate component which was at or below the applicable maximum rate at the time the discount
agreement was executed subsequently exceeds the applicable maximum rate due to a change in
Transporter’s maximum rate so that such rate component must be adjusted downward to equal the new
applicable maximum rate, then other rate components may be adjusted upward to achieve the agreed
overall rate, so long as none of the resulting rate components exceed the maximum rate applicable
to that rate component. Such changes to rate components shall be applied prospectively, commencing
with the date a Commission order accepts revised tariff sheets. However, nothing contained herein
shall be construed to alter a refund obligation under applicable law for any period during which
rates had been charged under a discount agreement exceeded rates which ultimately are found to be
just and reasonable.
| SERVICE AGREEMENT NO. | 79133 | |||
| CONTROL NO. | 2004-06-05-0006 |
Section 4. Notices. Notices to Transporter under this Agreement shall be addressed to it at
▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Manager — Customer Services
and notices to Shipper shall be addressed to it at:
until changed by either party by written notice.
| SERVICE AGREEMENT NO. | 79133 | |||
| CONTROL NO. | 2004-06-05-0006 |
Section 5. Superseded Agreements. This Service Agreement supersedes and cancels, as of the
effective date hereof, the following Service Agreements: See Appendix B.
| UGI Utilities Inc. | ||||||
| By: | /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇▇ ▇. ▇▇▇▇▇ | |||||
| Title: | President & CEO UGI Utilities, Inc. |
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| Date: 11/1/04 | ||||||
| Columbia Gas Transmission Corporation | ||||||
| By: | /s/ T. N. Brasselle | |||||
| Name: | T. N. Brasselle | |||||
| Title: | MGR Customer Services | |||||
| Date: NOV 04 2004 | ||||||
| Revision No. | 0 | |||||
| Control No. | 2004-06-05-0006 |
Appendix B to Service Agreement No.
|
79133 | |||
Under Rate Schedule
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SST | |||
Between (Transporter)
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Columbia Gas Transmission Corporation | |||
and (Shipper)
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UGI Utilities Inc. | |||
Superceded Agreements:
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| ▇▇▇ | 77372 | |||||||
| Revision No. | 1 | |||||
| Control No. | 2004-06-18-0013 |
Appendix A to Service Agreement No.
|
79133 | |||
Under Rate Schedule
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SST | |||
Between (Transporter)
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Columbia Gas Transmission Corporation | |||
and (Shipper)
|
UGI Utilities Inc. | |||
October through March Transportation Demand 79,859 Dth/Day
April through September Transportation Demand 39,930 Dth/Day
Primary Receipt Points
| Maximum | ||||||||||||
| Daily | ||||||||||||
| Scheduling | Scheduling Point | Quantity | ||||||||||
| Point No. | Name | (Dth/Day) | ||||||||||
STOW |
STORAGE WITHDRAWALS | STOW | 79,859 | |||||||||
| Revision No. | 1 | |||||
| Control No. | 2004-06-18-0013 |
Appendix A to Service Agreement No.
|
79133 | |||
Under Rate Schedule
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SST | |||
Between (Transporter)
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Columbia Gas Transmission Corporation | |||
and (Shipper)
|
UGI Utilities Inc. | |||
Primary Delivery Points
| Maximum | Minimum | |||||||||||||||||||||||||||||||
| Daily Delivery | Design Daily | Delivery | ||||||||||||||||||||||||||||||
| Scheduling | Scheduling Point | Measuring | Measuring Point | Obligation | Quantity | Aggregate | Pressure | Hourly Flowrate | ||||||||||||||||||||||||
| Point No. | Name | Point No. | Name | (Dth/day) 1/ | (Dth/day) 1/ | Daily Quantity 1/ | Obligation (psig) 1/ | (Dth/hour) 1/ | ||||||||||||||||||||||||
72-23 |
UGI CORP-23 | 72-23 | 43,137 | |||||||||||||||||||||||||||||
72-25 |
UGI CORP-25 | 72-25 | 36,722 | |||||||||||||||||||||||||||||
| Revision No. | 1 | |||||
| Control No. | 2004-06-18-0013 |
Appendix A to Service Agreement No.
|
79133 | |||
Under Rate Schedule
|
SST | |||
Between (Transporter)
|
Columbia Gas Transmission Corporation | |||
and (Shipper)
|
UGI Utilities Inc. | |||
| 1/ | Application of MDDOs, DDQs, and ADQs and/or minimum pressure and/or hourly flowrate shall be as
follows: |
| Revision No. | 1 | |||||
| Control No. | 2004-06-18-0013 |
Appendix A to Service Agreement No.
|
79133 | |||
Under Rate Schedule
|
SST | |||
Between (Transporter)
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Columbia Gas Transmission Corporation | |||
And (Shipper)
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UGI Utilities Inc. | |||
The Master List of interconnects (MLI) as defined in Section 1 of the General Terms and
Conditions of Transporter’s Tariff is incorporated herein by reference for the purposes of
listing valid secondary interruptible receipt points and delivery points.
þ Yes o No (Check applicable blank) Transporter and Shipper have mutually agreed to a
Regulatory Restructuring Reduction Option pursuant
to Section 42 of the General Terms and Conditions of Transporter’s FERC Gas Tariff.
o Yes þ No (Check applicable blank) Shipper has a contractual right of first
refusal equivalent to the right of first refusal set forth from time to
time in Section 4 of the General Terms and Conditions of Transporter’s FERC Gas Tariff.
Service pursuant to this Appendix A, Revision No. 1 shall be effective from November 1, 2004 through March 31, 2012.
o Yes þ No (Check applicable blank) This Appendix A, Revision No.
_____ shall cancel and supersede the previous Appendix A, Revision No. _____ effective as of ,
20_____, to the Service Agreement referenced above.
þ Yes o No (Check applicable blank) All gas shall be delivered at existing points of interconnection within the MDDOs, and/or ADQs, and/or
DDQs, as applicable, set forth in Transporter’s currently effective Rate Schedule SST Appendix
A, Revision No. 2 with Shipper, which for such points set forth are incorporated herein by
reference.
With the exception of this Appendix A, Revision No. 1 all other terms and conditions of said
Service Agreement shall remain in full force and effect.
UGI Utilities, Inc.
By:
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/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
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| Title: President & CEO | ||||
UGI Utilities, Inc. |
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| Date: 11/1/04 |
Columbia Gas Transmission Corporation
By:
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/s/ T. N. Brasselle
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| Title: MGR Customer Services | ||||
| Date: NOV 04 2004 |
| Revision No. 2 | ||
| Control No. 2004-09-30-0012 |
Appendix A to Service Agreement No.
|
79133 | |||
Under Rate Schedule
|
SST | |||
Between (Transporter)
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Columbia Gas Transmission Corporation | |||
and (Shipper)
|
UGI Utilities Inc. | |||
October through March Transportation Demand 14,008
Dth/Day
April through September Transportation Demand
7,004 Dth/Day
Primary Receipt Points
| Maximum | ||||||||||||
| Daily | ||||||||||||
| Scheduling | Scheduling Point | Quantity | ||||||||||
| Point No. | Name | (Dth/Day) | ||||||||||
STOW |
STORAGE WITHDRAWALS | STOW | 14,008 | |||||||||
| Revision No. 2 | ||||
| Control No. 2004-09-30-0012 |
Appendix A to Service Agreement No.
|
79133 | |||
Under Rate Schedule
|
SST | |||
Between (Transporter)
|
Columbia Gas Transmission Corporation | |||
and (Shipper)
|
UGI Utilities Inc. | |||
Primary Delivery Points
| Minimum | ||||||||||||||||||||||||||||
| Maximum | Delivery | |||||||||||||||||||||||||||
| Daily Delivery | Design Daily | Pressure | ||||||||||||||||||||||||||
| Scheduling | Scheduling Point | Measuring | Measuring Point | Obligation | Quantity | Aggregate | Obligation (psig) | Hourly Flowrate | ||||||||||||||||||||
| Point No. | Name | Point No. | Name | (Dth/day)1/ | (Dth/day)1/ | Daily Quantity 1/ | 1/ | (Dth/hour) 1/ | ||||||||||||||||||||
72-23 |
UGI CORP-23 | 600012 | ROSEDALE | 6,170 | FN02 | 100 | FN01 | |||||||||||||||||||||
72-23 |
UGI CORP-23 | 600013 | TATAMY | 7,800 | FN02 | 400 | FN01 | |||||||||||||||||||||
72-23 |
UGI CORP-23 | 600018 | BOYERTOWN | 4,050 | FN02 | 400 | FN01 | |||||||||||||||||||||
72-25 |
UGI CORP-25 | 600019 | MILLWAY | 15,376 | 400 | FN01 | ||||||||||||||||||||||
72-23 |
UGI CORP-23 | 600020 | BIRDSBORO | 22,340 | FN02 | 400 | FN01 | |||||||||||||||||||||
72-23 |
UGI CORP-23 | 600021 | TEMPLE | 20,811 | ▇▇▇▇ | ▇▇▇▇ | ||||||||||||||||||||||
72-23 |
UGI CORP-23 | 600023 | BALLY | 11,000 | ▇▇▇▇ | ▇▇▇▇ | ||||||||||||||||||||||
72-25 |
UGI CORP-25 | 600030 | HARRISBURG | 30,005 | 400 | FN01 | ||||||||||||||||||||||
72-23 |
UGI CORP-23 | 600032 | DAUPHIN | 20,811 | ▇▇▇▇ | ▇▇▇▇ | ||||||||||||||||||||||
72-25 |
UGI CORP-25 | 600033 | MT. JOY | 1,686 | 100 | FN01 | ||||||||||||||||||||||
72-25 |
UGI CORP-25 | 600036 | LITITZ | 2,976 | 300 | FN01 | ||||||||||||||||||||||
72-25 |
UGI CORP-25 | 600037 | MANHEIM | 1,488 | 150 | FN01 | ||||||||||||||||||||||
72-25 |
UGI CORP-25 | 600038 | NEW HOLLAND | 22,356 | 200 | FN01 | ||||||||||||||||||||||
72-25 |
UGI CORP-25 | 603470 | MARIETTA | 13,800 | 400 | FN01 | ||||||||||||||||||||||
72-25 |
UGI CORP-25 | ▇▇▇▇▇▇ | ▇▇▇▇▇▇ ▇▇▇▇▇ | 27,700 | 500 | FN01 | ||||||||||||||||||||||
72-25 |
UGI CORP-25 | 630112 | UGI Morgantown | 2,500 | 60 | FN01 | ||||||||||||||||||||||
C23 |
PENNSBURG-23 | 631929 | PENNSBURG(74-000577) | 0 | FN02 | FN01 | ||||||||||||||||||||||
C22 |
EAGLE-25 | 632170 | EAGLE C.S.(74-000011) | 0 | ▇▇▇▇ | ▇▇▇▇ | ||||||||||||||||||||||
72-23 |
UGI CORP-23 | 637254 | ALLENTOWN | 85,000 | FN02 | 430 | FN01 | |||||||||||||||||||||
| Revision No. 2 | ||
| Control No. 2004-09-30-0012 |
Appendix A to Service Agreement No.
|
79133 | |
Under Rate Schedule
|
SST | |
Between (Transporter)
|
Columbia Gas Transmission Corporation | |
and (Shipper)
|
UGI Utilities Inc. |
| 1/ | Application of MDDOs, DDQs, and ADQs and/or minimum pressure and/or hourly flowrate shall be as follows: | |
| FN01 | Transporter’s historic practice of providing Shipper flexibility in meeting the hourly variations in its requirements at city-gate delivery points under its service agreements, within the daily firm obligations set forth in Shipper’s contracts, will continue unless it becomes inconsistent with the terms of Transporter’s FERC Gas Tariff, as that Tariff may be changed from time to time, or unless Transporter issues an operational flow order (“OFO”) limiting hourly deliveries in the manner described herein. If such an OFO is issued, Shipper will be entitled to receive hourly deliveries of 110% of 1/24th of the quantity of gas scheduled on a Gas Day, or such higher quantity as may be specified in the OFO, at its primary delivery points during any five hours falling between 5 a.m. and 9 a.m. eastern clock time or between 5 p.m. and 9 p.m. eastern clock time, respectively, as determined by Shipper (the “Hourly Flow Rate”). Notwithstanding the foregoing, Transporter may issue an OFO directed at Shipper’s delivery points and requiring a lower Hourly Flow Rate based upon the occurrence of an event specified in Section 17 of the General Terms and Conditions of Transporter’s FERC Gas Tariff that materially affects Transporter’s ability to serve Market Areas 23 and/or 25 and requiring the issuance of an OFO specifically limiting the Hourly Flow Rate to Shipper. Transporter reserves the right, if operationally necessary, to require that Shipper take its Hourly Flow Rate at its citygate delivery points on a pro rata basis based on the MDDOs at those delivery points. | |
| FN02 | Measuring Point Nos. 600021, 600023, 600032, 631929, and 632170 (Group No. 1) are in the Texas Eastern Directs Aggregate Area and the Line ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇. | |
| Measuring Point Nos. 600012, 600013, 600018, 600020, and 637254 (Group No. 2) are in the Line ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇. | ||
| Unless station specific MDDOs are specified in a separate firm service agreement between Transporter and Shipper, Transporter’s Aggregate Maximum Daily Delivery Obligation, under this and any other service agreement between Transporter and Shipper, at the stations listed above shall not exceed the MDDO quantities set forth above for each station. In addition, Transporter shall not be obligated on any day to deliver more than the Aggregate Daily Quantities (ADQ) listed below in the Aggregate Areas listed below. The stations in Group Nos. 1 or 2 are in the Aggregate Areas set forth in greater detail below. Any station specific MDDOs in a separate firm service agreement between Transporter and Shipper shall be additive both to the individual station MDDOs set forth herein and to any applicable Aggregate Daily Quantity set forth below. |
| Revision No. 2 | ||
| Control No. 2004-09-30-0012 |
Appendix A to Service Agreement No.
|
79133 | |
Under Rate Schedule
|
SST | |
Between (Transporter)
|
Columbia Gas Transmission Corporation | |
and (Shipper)
|
UGI Utilities Inc. |
| Group | Aggregate | |||||
| No. | Aggregate Area Name | Daily Quantity | ||||
| 1 | Texas Eastern Directs Aggregate Area (From November 1 – March 31) |
20,811 DTH/D | ||||
| 1 | Texas Eastern Directs Aggregate Area (From April 1 – October 31) |
22,524 ▇▇▇/▇ | ||||
| ▇ ▇ ▇ | ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Group Nos. 1 and 2
|
100,000 DTH/D | ||||
| Revision No. 2 | ||
| Control No. ▇▇▇▇-▇▇-▇▇-▇▇ |
Appendix A to Service Agreement No.
|
79133 | |
Under Rate Schedule
|
SST | |
Between (Transporter)
|
Columbia Gas Transmission Corporation | |
And (Shipper)
|
UGI Utilities Inc. |
The Master List of Interconnects (MLI) as defined in Section 1 of the General Terms and
Conditions of Transporter’s Tariff is incorporated herein by reference for the purposes of
listing valid secondary interruptible receipt points and delivery points.
þ Yes o No (Check applicable blank) Transporter and Shipper have mutually agreed to a Regulatory
Restructuring Reduction Option pursuant to Section 42 of the General Terms and Conditions of
Transporter’s FERC Gas Tariff.
o Yes þ No (Check applicable blank) Shipper has a contractual right of first refusal equivalent to the
right of first refusal set forth from time to time in Section 4 of the General Terms and Conditions
of Transporter’s FERC Gas Tariff.
Service pursuant to this Appendix A, Revision No. 2 shall be effective from November 1, 2004
through October 31, 2014.
o Yes þ No (Check applicable blank) This Appendix A, Revision No.
_____ shall cancel and supersede the
previous Appendix A, Revision No.
_____ effective as of , 20__, to the Service Agreement referenced above.
o Yes þ No (Check applicable blank) All gas shall be delivered at existing points of interconnection
within the MDDOs, and/or ADQs, and/or DDQs, as applicable, set forth in Transporter’s currently
effective Rate Schedule
____ Appendix A, Revision No. ___ with Shipper, which for such
points set forth are incorporated herein by reference.
With the exception of this Appendix A, Revision No. 2 all other terms and conditions of said
Service Agreement shall remain in full force and effect.
| UGI Utilities, Inc. |
||||
| By: | /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ | |||
| Name: | ▇▇▇▇▇ ▇. ▇▇▇▇▇ | |||
| Title: | President & CEO UGI Utilities, Inc. |
|||
| Date: | 11/1/04 | |||
| Columbia Gas Transmission Corporation |
||||
| By: | /s/ T. N. Brasselle | |||
| Name: | T. N. Brasselle | |||
| Title: | MGR Customer Services | |||
| Date: | Nov 04 2004 | |||