FSS SERVICE AGREEMENT
Exhibit 10.MMM
SERVICE AGREEMENT NO. 79866
CONTROL NO. 2004-04-01-0013
THIS AGREEMENT, made and entered into this 3rd day of September , 2004 by and between:
Columbia Gas Transmission Corporation
(“Transporter”)
AND
Bluefield Gas Company
(“Shipper”)
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 the service in accordance with the provisions of the effective FSS 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No. 1 (Tariff), on file with the Federal Energy Regulatory Commission (Commission), as the same may be amended or superseded in accordance with the rules and regulations of the Commission. Transporter shall store quantities of gas for Shipper up to but not exceeding Shipper’s Storage Contract Quantity as 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 November 1, 2004 , and shall continue in full force and effect until March 31, 2015 . 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 the 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. 79866
CONTROL NO. 2004-04-01-0013
Section 4. Notices. Notices to Transporter under this Agreement shall be addressed to it at Xxxx Xxxxxx Xxx 0000, Xxxxxxxxxx, Xxxx Xxxxxxxx 00000-0000, Attention: Manager - Customer Services and notices to Shipper shall be addressed to it at:
Bluefield Gas Company
President
X.X. Xxx 00000
Xxxxxxx, XX 00000
ATTN: Xxxx Xxxxxxxxxx
until changed by either party by written notice.
SERVICE AGREEMENT NO. 79866
CONTROL NO. 2004-04-01-0013
Section 5. Superseded Agreements. This Service Agreement supersedes and cancels, as of the effective date hereof, the following Service Agreements: FSS 52979.
| Bluefield Gas Company | ||
| By: |
s: Xxxx X. Xxxxxxxxxx | |
| Name: |
Xxxx X Xxxxxxxxxx | |
| Title: |
President & CEO | |
| Date: |
09/03/04 | |
| Columbia Gas Transmission Corporation | ||
| By: |
s: T. N. Brasselle | |
| Name: |
T. N. Brasselle | |
| Title: |
MGR Customer Services | |
| Date: |
September 13, 2004 | |
Revision No.
Control No. 2004-04-01-0013
| Appendix A to Service Agreement No. 79866 | ||
| Under Rate Schedule |
FSS | |
| Between (Transporter) |
Columbia Gas Transmission Corporation | |
| and (Shipper) |
Bluefield Gas Company | |
Storage Contract Quantity 480,915 Dth
Maximum Daily Storage Quantity 8,682 Dth per day
CANCELLATION OF PREVIOUS APPENDIX A
¨ Yes x No (Check applicable blank) Transporter and Shipper have mutually agreed to a Regulatory Unbinding Reduction Option pursuant to Section 34 of the General Terms and Conditions of Transporter’s FERC Gas Tariff.
¨ Yes x 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. shall be effective from November 1, 2004 through March 31, 2015.
¨ Yes x No (Check applicable blank) This Appendix A, Revision No. 0 shall cancel and supersede the Previous Appendix A, Revision No. N/A effective as of N/A, to the Service Agreement referenced above.
With the exception of this Appendix A, Revision No. 0 all other terms and conditions of said Service Agreement shall remain in full force and effect.
| Bluefield Gas Company | ||
| By: |
s: Xxxx X. Xxxxxxxxxx | |
| Name: |
Xxxx X Xxxxxxxxxx | |
| Title: |
President & CEO | |
| Date: |
09/03/04 | |
| Columbia Gas Transmission Corporation | ||
| By: |
s: T. N. Brasselle | |
| Name: |
T. N. Brasselle | |
| Title: |
MGR Customer Services | |
| Date: |
September 13, 2004 | |
