EXHIBIT 10.58
AMENDMENT TO SERVICE AGREEMENTS
THIS AMENDMENT ("Amendment") entered into this 30th day of June by and
between TRANSCONTINENTAL GAS PIPE LINE CORPORATION, a Delaware corporation,
hereinafter referred to as Seller, first party, and PIEDMONT NATURAL GAS
COMPANY, INC., hereinafter referred to as Buyer, second party,
W I T N E S S E T H:
WHEREAS, Seller and Buyer entered into that certain Service Agreement
dated January 30, 2004 under Seller's Rate Schedule WSS-OA pursuant to which
Seller provides storage service to Buyer from its Washington Storage Field up to
a total Storage Capacity Quantity of 2,734,180 dt and a maximum daily Storage
Demand Quantity of 32,167 dt (Seller's Contract No. 9012466), and Seller and
Buyer entered into that certain Service Agreement dated April 1, 2001 under
Seller's Rate Schedule WSS-OA pursuant to which Seller provides storage service
to Buyer from its Washington Storage Field up to a total Storage Capacity
Quantity of 6,392,383 dt and a maximum daily Storage Demand Quantity of 75,206
dt (Seller's Contract No. 1038399) (such Service Agreements hereinafter referred
to individually as "Service Agreement #9012466" and "Service Agreement
#1038399", respectively, and collectively as the "Service Agreements"); and
WHEREAS, Section 22 of the General Terms and Conditions of Seller's FERC
Gas Tariff ("Section 22") permits Seller and Buyer to mutually agree to
consolidate (and terminate, as necessary) multiple service agreements into a
single service agreement provided certain conditions are satisfied; and
WHEREAS, Buyer has requested to consolidate the Service Agreements, and
Seller has determined that such consolidation is permitted under Section 22; and
WHEREAS, Seller and Buyer have agreed to accomplish that consolidation by
amending Service Agreement #9012466 to include Buyer's Storage Demand Quantity
and Buyer's Storage Capacity Quantity from Service Agreement # 1038399 and
terminating Service Agreement #1038399, all to be effective on as of July 1,
2004
NOW, THEREFORE, Seller and Buyer agree as follows:
1. Effective 9:00 a.m. Central Clock Time on July 1, 2004, Article I of
Service Agreement #9012466 is hereby deleted in its entirety and replaced by the
following:
"ARTICLE I
SERVICE TO BE RENDERED
Subject to the terms and provisions of this agreement and of
Seller's Rate Schedule WSS-Open Access, Seller agrees to inject into
storage for Buyer's account, store and withdraw from storage, quantities
of natural gas as follows:
To withdraw from storage up to a maximum quantity on any day of
107,373 dt, which quantity shall be Buyer's Storage Demand Quantity, or
such greater daily quantity, as applicable from time to time, pursuant to
the terms and conditions of Seller's Rate Schedule WSS-Open Access.
To receive and store up to a total quantity at any one time of
9,126,563 dt, which quantity shall be Buyer's Storage Capacity Quantity. "
2. Except as specifically amended hereby, all of the terms and conditions of
Service Agreement #9012466 shall remain in full force and effect.
3. Effective 9:00 a.m. Central Clock Time on July 1, 2004, Service Agreement
#1038399 is hereby terminated, and shall be of no further force or effect from
and after that date. Termination of Service Agreement #1038399 as set forth
herein shall not relieve either party of rights, duties or obligations under
Service Agreement #1038399 that accrue during or relate to the period prior to
the termination date..
IN WITNESS WHEREOF, the parties hereto have this Amendment to be signed by
their respective officers or representatives thereunto duly authorized.
TRANSCONTINTENAL GAS PIPE PIEDMONT NATURAL GAS
LINE CORPORATION ("Seller") COMPANY, INC. ("Buyer")
By /s/ Xxxxx X. Xxxxxxx By /s/ Xxxxxxxx X. Xxxx
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Xxxxx X. Xxxxxxx Xxxxxxxx X. Xxxx
Vice President Senior Vice President
