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Exhibit 10.39
SERVICE AGREEMENT NO. 49773
CONTROL NO. 1995-04-30-0025
SST SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 22nd day of November, 1995, by and
between:
COLUMBIA GAS TRANSMISSION CORPORATION
("SELLER")
AND
PIEDMONT NATURAL GAS CO
("BUYER")
WITNESSETH: That in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
Section 1. Service to be Rendered. Seller shall perform and Buyer shall receive
service in accordance with the provisions of the effective SST Rate Schedule and
applicable General Terms and Conditions of Seller'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Commission (Commission), as the same may be amended or superseded in accordance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
Seller to deliver gas hereunder to or for Buyer, the designation of the points
of delivery at which Seller shall deliver or cause gas to be delivered to or for
Buyer, and the points of receipt at which Buyer 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 Buyer and Seller, 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.
Buyer warrants that service hereunder is being provided on behalf of BUYER.
Section 2. Term. Service under this Agreement shall commence as of NOVEMBER 01,
1997, or upon completion of facilities and shall continue in full force and
effect until OCTOBER 31, 2012, and from YEAR-to-YEAR thereafter unless
terminated by either party upon 2 YEARS' written notice to the other prior to
the end of the initial term granted or any anniversary date thereafter.
Pre-granted abandonment shall apply upon termination of this Agreement, subject
to any right of first refusal Buyer may have under the Commission's regulations
and Seller's Tariff.
Section 3. Rates. Buyer shall pay Seller 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.
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SERVICE AGREEMENT NO. 49773
CONTROL NO. 1995-04-30-0025
SST SERVICE AGREEMENT (CONTINUED)
Section 4. Notices. Notices to Seller under this Agreement shall be addressed to
it at Xxxx Xxxxxx Xxx 0000, Xxxxxxxxxx, Xxxx Xxxxxxxx 00000-0000. Attention:
Manager - Agreements Administration and notices to Buyer shall be addressed to
it at:
PIEDMONT NATURAL GAS CO
0000 XXXXXXX XXXX
XXXXXXXXX, XX 00000
ATTN: XXXXX XXXXXXX
until changed by either party by written notice.
Section 5. Superseded Agreements. This Service Agreement supersedes and cancels,
as of the effective date hereof, the following Service Agreements: N/A
PIEDMONT NATURAL GAS CO
By: /s/ X.X. Xxxxxxx
----------------
Name: Xxxxx X. Xxxxxxx
Title: Vice President-Gas Supply
Date: November 22, 1995
COLUMBIA GAS TRANSMISSION CORPORATION
By: /s/ X.X. Xxxxxxx
----------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Date: November 27, 1995
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Revision No.
Control No. 1995-04-30-0025
Appendix A to Service Agreement No. 49773
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) PIEDMONT NATURAL GAS CO
October through March Transportation Demand 25,000 Dth/day
April through September Transportation Demand 12,500 Dth/day
Primary Receipt Points
Scheduling Scheduling Maximum Daily
Point No. Point Name Quantity (Dth/Day)
--------------------------------------------------------------------------------
STOW STORAGE WITHDRAWALS 25,000
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Revision No.
Control No. 1995-04-30-0025
Appendix A to Service Agreement No. 49773
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) PIEDMONT NATURAL GAS CO
Primary Delivery Points
F
o
Scheduling o
Point No. t Maximum S1/
n Maximum Delivery
o Daily Pressure
Scheduling Measuring t Measuring Delivery Obligation
Point Name Point No. e Point Name Obligation (PSIG)
(Dth/Day)
---------------------------------------------------------------------------------------------------------------------------
124 PIEDMONT NATURAL GAS 833097 TRC XXXXXXX TAVERN 25,000 750
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Revision No.
Control No. 1995-04-30-0025
Appendix A to Service Agreement No. 49773
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) PIEDMONT NATURAL GAS CO.
S1 / IF A MAXIMUM PRESSURE IS NOT SPECIFICALLY STATED, THEN
SELLER'S OBLIGATION SHALL BE AS STATED IN SECTION 13 (DELIVERY
PRESSURE) OF THE GENERAL TERMS AND CONDITIONS
GFNT / THIS SERVICE AGREEMENT AND ITS EFFECTIVENESS ARE SUBJECT TO
PRECEDENT AGREEMENT NO. 47762 BETWEEN BUYER AND SELLER DATED
MAY 11, 1995.
UNLESS STATION SPECIFIC MDDOS ARE SPECIFIED IN A SEPARATE FIRM
SERVICE AGREEMENT BETWEEN SELLER AND BUYER, SELLER'S AGGREGATE
MAXIMUM DAILY DELIVERY OBLIGATION, UNDER THIS AND ANY OTHER
SERVICE AGREEMENT BETWEEN SELLER AND BUYER, AT THE STATIONS
LISTED ABOVE SHALL NOT EXCEED THE MDDO QUANTITIES SET FORTH
ABOVE FOR EACH STATION. ANY STATION SPECIFIC MDDOS IN A
SEPARATE FIRM SERVICE AGREEMENT BETWEEN SELLER AND BUYER SHALL
BE ADDITIVE TO THE INDIVIDUAL STATION MDDOS SET FORTH ABOVE.
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Revision No.
Control No. 1995-04-30-0025
Appendix A to Service Agreement No. 49773
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) PIEDMONT NATURAL GAS CO
The Master List of Interconnects (MLI) as defined in Section 1 of the General
Terms and Conditions of Seller's Tariff is incorporated herein by reference for
the purposes of listing valid secondary receipt and delivery points.
Service changes pursuant to this Appendix A shall become effective as of
NOVEMBER 01, 1997, or upon completion of facilities. This Appendix A shall
cancel and supersede the previous Appendix A effective as of N/A , to the
Service Agreement referenced above. With the exception of this Appendix A, all
other terms and conditions of said Service Agreement shall remain in full force
and effect.
PIEDMONT NATURAL GAS CO
By: /s/ X.X. Xxxxxxx
----------------
Name: Xxxxx X. Xxxxxxx
Title: Vice President-Gas Supply
Date: November 22, 1995
COLUMBIA GAS TRANSMISSION CORPORATION
By: /s/ X.X. Xxxxxxx
----------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Date: November 27, 1995
