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Exhibit 10.26
Agreement No. 38017
Control No. 930905-0241
FSS SERVICE AGREEMENT
(10,000 Dth per Day Daily Storage Quantity)
THIS AGREEMENT, made and entered into this lst day of November, 1993, by
and between COLUMBIA GAS TRANSMISSION CORPORATION ("Seller") and NASHVILLE GAS
COMPANY ("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 the service in accordance with the provisions of the effective FSS 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Regulatory Commission (Commission), as the same may be amended or superseded in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. Seller shall
store quantities of gas for Buyer up to but not exceeding Buyer's Storage
Contract Quantity as 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 1, 1993 and shall continue in full force and effect until October 31,
2010 and from year to year thereafter unless terminated by either party upon
six months written notice to the other party 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 the charges and furnish the Retainage
percentage set forth in the above-referenced Rate Schedule and specified in
Seller's currently effective Tariff, unless otherwise agreed to by the parties
in writing and specified as an amendment to this Service Agreement.
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: Director, Transportation and Exchange, and notices to Buyer shall be
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Agreement No. 38017
Control No. 930905-0241
addressed to it at Xxxx Xxxxxx Xxx 00000, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000,
Attention: Xxxxx Xxxxxxx, until changed by either party by written notice.
Section 5. Prior Service Agreements. This Agreement is being entered into
by the parties hereto pursuant to the Commission's Order No. 636 and its orders
dated July 14, 1993 and September 29, 1993, with respect to Seller's Order No.
636 compliance filing and relates to the following existing Service Agreements:
CDS Service Agreement No. 36081, effective November 1, 1989, as it may
have been amended, providing for a bundled sales, transportation and
storage service under the CDS Rate Schedule.
WS Service Agreement No. 36082, effective November 1, 1989, as it may have
been amended, providing for a bundled storage and delivery service under
the WS Rate Schedule.
The terms of Service Agreement No. 38017 shall become effective as of the
effective date hereof, however, the parties agree that neither the execution
nor the performance of Service Agreement No. 38017 shall prejudice any
recoupment or other rights that Buyer may have under or with respect to the
above-referenced Service Agreements.
NASHVILLE GAS COMPANY COLUMBIA GAS TRANSMISSION CORPORATION
By /s/ X. X. Xxxxxxx By /s/ Xxxxxx X. Xxxxxxx
-------------------- ------------------------
Title Vice President Title Director T & E
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Revision No.
Control No. 1993-09-05-0241
Appendix A to Service Agreement No. 38017
Under Rate Schedule FSS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) PIEDMONT NATURAL GAS CO
Storage Contract Quantity 611,870 Dth
Maximum Daily Storage Quantity 10,000 Dth per day
CANCELLATION OF PREVIOUS APPENDIX A
Service changes pursuant to this Appendix A shall become effective as of
NOVEMBER 01, 1993. 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
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Its Vice President
Date December 8, 1993
COLUMBIA GAS TRANSMISSION CORPORATION
By /s/ Xxxxxx X. Xxxxxxx
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Its Dir T & E
Date December 19, 1993
