EXHIBIT 10.26
Columbia Gas
Transmission
A NISOURCE COMPANY
0000 XxxXxxxxx Xxx XX
Xxxxxxxxxx XX 00000
PO Box 1273
Charleston WV 25325-1273
304 357 2000
October 27, 2004
Xx. Xxx Xxxx
UGI Utilities, Inc.
P.O. Box 12677
Reading, PA 19612-2677
Re: Proposed Contract 79028-FSS For a Total Maximum Daily Storage Quantity
(MDSQ) of 93,867 Dth/day
Dear Xx. Xxxx:
Enclosed for execution are two originals of the above-referenced staggered term
Agreement that supercedes and cancels 49883-FSS, 53002-FSS, and 77366-FSS
effective November 1, 2004.
Appendix A titled Revision No. 1 reflects an MDSQ of 79,859 Dth/day effective
November 1, 2004, through March 31, 2012.
Appendix A titled Revision No. 2 reflects an MDSQ of 14,008 Dth/day effective
November 1, 2004, through March 31, 2014.
The effect of these Appendices is as follows:
The MDSQ effective 11/01/04 through 03/31/12 is 93,867 Dth/day.
The MDSQ effective 04/01/12 through 03/31/14 is 14,008 Dth/day.
Please execute and return both originals to me at the above address. Upon
execution by Xxxxxxxx, a fully executed original will be forwarded for your
file.
If you have any questions, feel free to contact me at 304/000-0000.
Very truly yours,
/s/
Xxxxxx Xxxxxx
Lead Customer Services Representative
SERVICE AGREEMENT NO. 79028
CONTROL NO. 2004-05-27-0003
FSS SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of November , 2004 by and
between:
Columbia Gas Transmission Corporation
("Transporter")
AND
UGI Utilities Inc.
("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 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Regulatory Commission (Commission), as the same may be amended or superseded in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 Xxxxxxx:
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, 2014.
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. Xxxxxxx 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 Transporters
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 which had been charged under a
discount agreement exceeded rates which ultimately are found to be just and
reasonable.
SERVICE AGREEMENT NO. 79028
CONTROL NO. 2004-05-27-0003
FSS SERVICE AGREEMENT
Section 4. Notices. Notices to Transporter under this Agreement shall be
addressed to it at Post Office Box 0000, Xxxxxxxxxx, Xxxx Xxxxxxxx 25325-1273,
Attention: Manager - Customer Services and notices to Shipper shall be addressed
to it at:
UGI Utilities Inc.
P.O. Box 12677
Reading, PA 19612-2677
ATTN: Xxxxxxx Xxxx
until changed by either party by written notice.
SERVICE AGREEMENT NO. 79028
CONTROL NO. 2004-05-27-0003
FSS SERVICE AGREEMENT
Section 5. Superseded Agreements. This Service Agreement supersedes and cancels,
as of the effective date hereof; the following Service Agreements: See Appendix
B.
UGI UTILITIES INC.
By: /s/
---------------------------------------
Name: Xxxxx X. Xxxxx
Title: President & CEO
UGI Utilities, Inc.
Date: 11/1/04
COLUMBIA GAS TRANSMISSION CORPORATION
By: _______________________________________
Name: _______________________________________
Title: _______________________________________
Date: _______________________________________
Revision No. 0
Control No. 2004-04-27-0003
Appendix B to Service Agreement No. 79028
Under Rate Schedule FSS
Between (Transporter) Columbia Gas Transmission Corporation
and (Shipper) UGI Utilities Inc.
Superceded Agreements:
FSS 49883
FSS 53002
FSS 77366
Revision No. 1
Control No. 2004-06-18-0012
Appendix A to Service Agreement No. 79028
Under Rate Schedule FSS
Between (Transporter) Columbia Gas Transmission Corporation
And (Shipper) UGI Utilities, Inc.
Storage Contract Quantity 4,530,080 Dth
Maximum Daily Storage Quantity 79,859 Dth per day
CANCELLATION OF PREVIOUS APPENDIX A
[X] Yes [ ] No (Check applicable blank) Transporter and Shipper have mutually
agreed to a Regulatory Restructuring Reduction Option pursuant to Section 42 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. 1 shall be effective from
November 1, 2004 through March 31, 2012.
[ ] Yes [X] No (Check applicable blank) This Appendix A, Revision No._____ shall
cancel and supersede the previous Appendix A, Revision No._____ effective as of
____________, 20__ to the Service Agreement referenced above.
With the exception of this Appendix A, Revision No. 1 all other terms and
conditions of said Service Agreement shall remain in full force and effect.
UGI UTILITIES INC.
By: /s/
---------------------------------------
Name: Xxxxx X. Xxxxx
Title: President & CEO
UGI Utilities, Inc.
Date: 11/1/04
COLUMBIA GAS TRANSMISSION CORPORATION
By: _______________________________________
Name: _______________________________________
Title: _______________________________________
Date: _______________________________________
Revision No. 2
Control No. 2004-10-01-0002
Appendix A to Service Agreement No. 79028
Under Rate Schedule FSS
Between (Transporter) Columbia Gas Transmission Corporation
And (Shipper) UGI Utilities, Inc.
Storage Contract Quantity 560,320 Dth
Maximum Daily Storage Quantity 14,008 Dth per day
CANCELLATION OF PREVIOUS APPENDIX A
[X] Yes [ ] No (Check applicable blank) Transporter and Shipper have mutually
agreed to a Regulatory Restructuring Reduction Option pursuant to Section 42 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. 2 shall be effective from
November 1, 2004 through March 31, 2014.
[ ] Yes [X] No (Check applicable blank) This Appendix A, Revision No. ______
shall cancel and supersede the previous Appendix A, Revision No. ______
effective as of _________, 20_______ to the Service Agreement referenced above.
With the exception of this Appendix A, Revision No. 2 all other terms and
conditions of said Service Agreement shall remain in full force and effect.
UGI UTILITIES INC.
By: /s/
---------------------------------------
Name: Xxxxx X. Xxxxx
Title: President & CEO
UGI Utilities, Inc.
Date: 11/1/04
COLUMBIA GAS TRANSMISSION CORPORATION
By: _______________________________________
Name: _______________________________________
Title: _______________________________________
Date: _______________________________________
