CONFIDENTIAL TREATMENT OF BRACKETED MATERIAL REQUESTED PURSUANT TO RULE 24b-2
SERVICE AGREEMENT #001715
(FSS Service)
AGREEMENT made this 3rd day of April, 1996, by and between
National Fuel Gas Supply Corporation, a Pennsylvania corporation, hereinafter
called "Transporter," and National Fuel Gas Distribution Corporation,
hereinafter called "Shipper."
WITNESSETH: That in consideration of the mutual covenants herein
contained, the parties hereto agree that Transporter will store natural gas for
Shipper during the term, at the rates and on the terms and conditions
hereinafter provided.
ARTICLE I
Quantities
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Beginning on the date on which storage service is commenced
hereunder and thereafter for the remaining term of this Agreement, and subject
to the provisions of Transporter's FSS Rate Schedule, Transporter agrees to
receive, cause to be injected into storage for Shipper's account, store,
withdraw from storage, and deliver to Shipper quantities of natural gas as
follows:
Maximum Storage Quantity (MSQ) of 698,720 Dekatherms (Dth)
Maximum Daily Injection Quantity (Contract MDIQ) of 3,882 Dth
Maximum Daily Withdrawal Quantity (Contract MDWQ) of 6,352 Dth
ARTICLE II
Rate
----
Unless otherwise mutually agreed in a written amendment to this
Agreement, for the service provided by Transporter hereunder, Shipper shall pay
Transporter the maximum rate provided under Rate Schedule FSS set forth in
Transporter's effective FERC Gas Tariff. In the event that the Transporter
places on file with the Federal Energy Regulatory Commission ("Commission")
another rate schedule which may be applicable to transportation service rendered
hereunder, then Transporter, at its option, may from and after the effective
date of such rate schedule, utilize such rate schedule in performance of this
Agreement. Such a rate schedule(s) or superseding rate schedule(s) and any
revisions thereof which shall be filed and become effective shall apply to and
be a part of this Agreement. Transporter shall have the right to propose, file
and make effective with the Commission, or other body having jurisdiction,
changes and revisions of any effective rate schedule(s), or to propose, file,
and make effective superseding rate schedules, for the purpose of changing the
rate, charges, and other provisions thereof effective as to Shipper.
ARTICLE III
Term of Agreement
-----------------
This Agreement shall be effective as of April 1, 1997 and shall
continue in effect for a primary term ending March 31, 2004, and shall continue
in effect from year to year thereafter until terminated by either Transporter or
Shipper upon not less than 18 months prior written notice to the other
specifying as a termination date the end of such primary term or any subsequent
anniversary thereof.
The Injection Period shall be from April I to October 31 and the
Withdrawal Period shall be from November I to March 3 1. The Injection and
Withdrawal Periods shall constitute the Storage Period.
ARTICLE IV
Receipt and Delivery Points
---------------------------
The Point(s) of Receipt for all gas that may be received for
Shipper's account for storage by Transporter shall be the Transporter's System
Storage.
The Point(s) of Delivery for all gas to be delivered by
Transporter for Shipper's account shall be the Transporter's System Storage.
ARTICLE V
Incorporation By Reference of Tariff Provisions
-----------------------------------------------
To the extent not inconsistent with the terms and conditions of
this agreement, the provisions of Rate Schedule FSS, or any effective
superseding rate schedule or other-wise applicable rate schedule, including any
provisions of the General Terms and Conditions incorporated therein, and any
revisions thereof that may be made effective hereafter are hereby made
applicable to and a part hereof by reference.
ARTICLE VI
Miscellaneous
-------------
1. No change, modification or alteration of this Agreement shall
be or become effective until executed in writing by the parties hereto, and no
course of dealing between the parties shall be construed to alter the terms
hereof, except as expressly stated herein.
2. No waiver by any party of any one or more defaults by the other
in the performance of any provisions of this Agreement shall operate or be
construed as a waiver of any other default or defaults, whether of a like or of
a different character.
3. Any company which shall succeed by purchase, merger or
consolidation of the gas related properties, substantially as an entirety, of
Transporter or of Shipper, as the case may be, shall be entitled to the rights
and shall be subject to the obligations of its predecessor in title under this
Agreement. Either party may, without relieving itself of its obligations under
this Agreement, assign any of its rights hereunder to a company with which it is
affiliated, but otherwise, no assignment of this Agreement or of any of the
rights or obligations hereunder shall be made unless there first shall have been
obtained the consent thereto in writing of the other party. Consent shall not be
unreasonably withheld.
4. Except as herein otherwise provided, any notice, request,
demand, statement or xxxx provided for in this Agreement, or any notice which
either party may desire to give the other, shall be in writing and shall be
considered as duly delivered when mailed by registered or certified mail to the
Post Office address of the parties hereto, as the case may be, as follows:
Transporter: National Fuel Gas Supply Corporation
Gas Supply - Transportation
Room 1200
00 Xxxxxxxxx Xxxxxx
Xxxxxxx, Xxx Xxxx 00000
Shipper: National Fuel Gas Distribution Corporation
Gas Accounting Xxxxxxxxxx, Xxxx 0000
00 Xxxxxxxxx Xxxxxx
Xxxxxxx, Xxx Xxxx 00000
or at such other address as either party shall designate by formal written
notice. Routine communications, including monthly statements, shall be
considered as duly delivered when mailed by either registered, certified, or
ordinary mail, electronic communication, or telecommunication.
5. This Agreement and the respective obligations of the parties
hereunder are subject to all present and future valid laws, orders, rules and
regulations of constituted authorities having jurisdiction over the parties,
their functions or gas supply, this Agreement or any provision hereof. Neither
party shall be held in default for failure to perform hereunder if such failure
is due to compliance with laws, orders, rules or regulations of any such duly
constituted authorities.
6. The subject headings of the articles of this Agreement are
inserted for the purpose of convenient reference and are not intended to be a
part of the Agreement nor considered in any interpretation of the same.
7. No presumption shall operate in favor of or against either
party hereto as a result of any responsibility either party may have had for
drafting this Agreement.
8. The interpretation and performance of this Agreement shall be
in accordance with the laws of the State of New York, without recourse to the
law regarding the conflict of laws.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be signed by their respective Presidents or Vice Presidents thereunto duly
authorized and their respective corporate seals to be hereto affixed and
attested by their respective Secretaries and Assistant Secretaries, the day and
year first above written.
NATIONAL FUEL GAS SUPPLY CORPOPATION
(Transporter)
Attest:
/s/ X. X. Xxxxxxxxx By: /s/ Xxxx X. Xxxxxxxx
----------------------------- ---------------------------------------
Secretary
(Corporate Seal) Title Vice President
-------------------------------------
NATIONAL FUEL GAS DISTRIBUTION CORP.
(Shipper)
Attest:
/s/ Xxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxxxxx
------------------------------ ---------------------------------------
Secretary P. C. Xxxxxxxx
(Corporate Seal) Title: President
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CONFIDENTIAL TREATMENT OF BRACKETED MATERIAL REQUESTED PURSUANT TO RULE 24b-2
Amendment I
Amendment to FSS Service Agreement #001715
between
National Fuel Gas Supply Corporation ("Transporter") and
National Fuel Gas Distribution Corporation ("Shipper")
Effective: April 1, [XXXX] to March 31, [XXXX]
1. The following rates will be applied to all Storage Service
provided within the Quantity Limits set forth in Article I of this Service
Agreement:
Capacity Demand [XXXXXXX]
Deliverability Demand [XXXXXXX]
Injection/Withdrawal Commodity [XXXXXXX]
Applicable surcharges will be added to the rates shown above,
except that Transporter shall discount the GRI surcharge to the extent that it
can do so without decreasing its retained revenues. Transporter shall apply
maximum Surface Operating Allowance.
2. The parties shall keep the terms of this rate amendment
confidential and shall not disclose such terms to any other party, except as
required by applicable law, regulation or legal process.
National Fuel Gas Supply Corporation
By: /s/ Xxxx X. Xxxxxxxx
---------------------------------------
Title: Vice President
------------------------------------
National Gas Distribution Corporation
By: /s/ W. E. XxXxxxxx
---------------------------------------
W. E. XxXxxxxx
Title: Sr. Vice President
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