EXHIBIT 10.9(d)
Contract No. 31044000
No-Notice Storage and
Transportation Delivery Service Agreement Rate Schedule NNT-1
between
Colorado Interstate Gas Company
and
Greeley Gas Company
(a division of Atmos Energy Corporation)
Dated: October 1, 2001
Contract No. 31044000
NO-NOTICE STORAGE AND TRANSPORTATION DELIVERY SERVICE AGREEMENT
RATE SCHEDULE NNT-1
The Parties identified below, in consideration of their mutual promises, agree
as follows:
1. TRANSPORTER: COLORADO INTERSTATE GAS COMPANY
2. SHIPPER: GREELEY GAS COMPANY, (A DIVISION OF ATMOS ENERGY CORPORATION)
3. APPLICABLE TARIFF: Transport's FERC Gas Tariff, First Revised Volume
No. 1, as the same may be amended or superseded from time to time ("the
Tariff").
4. CHANGES IN RATES AND TERMS: Transporter shall have the right to propose
to the FERC changes in its rates and terms of service, and this
Agreement shall be deemed to include any changes which are made
effective pursuant to FERC Order or regulation or provisions of law,
without prejudice to Shipper's right to protest the same.
5. TRANSPORTATION SERVICE: Transportation Service at and between Point of
Withdrawal and Primary Point(s) of Delivery shall be on a firm basis.
Delivery of quantities at Secondary Point(s) shall be in accordance
with the Tariff.
6. DELIVERY: Transporter agrees to transport and deliver Delivery
Quantities to Shipper (or for Shipper's account) at the Point(s) of
Delivery identified in Exhibit "A."
7. RATES AND SURCHARGES: As set forth in Exhibit "B." For example,
Transporter and Shipper may agree that a specified discount rate will
apply: (a) only to certain specified firm service entitlements under
this Agreement; (b) only if specified quantity levels are actually
achieved under this Agreement (with higher rates, charges, and fees
applicable to all quantities above those levels, or to all quantities
under the Agreement if the specified levels are not achieved); (c) only
to production reserves committed by the Shipper; (d) only during
specified time periods; (e) only to specified Point(s) of Receipt,
Point(s) of Delivery, mainline area segments, supply areas,
transportation routes, or defined geographical areas; or (f) in a
specified relationship to the quantities actually Delivered (i.e., that
the rates shall be adjusted in a specified relationship to quantities
actually Delivered); provided, however, that any such discounted rates
set forth above shall be between the minimum and maximum rates
applicable to the service provided under this Agreement.
8. MAXIMUM DELIVERY QUANTITY ("MDQ"): 12,985 Dth per Day
MAXIMUM AVAILABLE CAPACITY ("MAC"): 422,142 Dth
MAXIMUM DAILY INJECTION QUANTITY ("MDIQ"): 4,151 Dth per Day
MAXIMUM DAILY WITHDRAWAL QUANTITY ("MDWQ"): 12,985 Dth per Day
All storage entitlements as stated herein ("MAC," "MD1Q," and "MDWQ")
are based on an Average Thermal Content of Gas in Storage of 1,000 Btu
per cubic foot. The Available Daily Injection Quantity ("ADIQ"),
Available Daily Withdrawal Quantity ("ADWQ"), and storage entitlements
shall be subject to the General Terms and Conditions of the Tariff and
stated on CIG's Electronic Bulletin Board.
REDUCTION OF MDQ. Effective May 1, 2002, and May 1 of any year
thereafter through the term of this Agreement and subject to six
months' prior written notice, Shipper shall have the right to reduce
the MDQ under this Agreement subject to, and in accordance with, the
following conditions and limitations:
(a) The applicable regulatory or legislative body issues a final and
nonappealable order allowing Shipper to permanently unbundle its
merchant and transportation functions;
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Contract No. 31044000
(b) The following calculation shall be used to determine the amount of MDQ,
if any, no longer needed by Shipper to provide service to the markets
served by this Agreement resulting from sales volume losses due to
unbundling ("Excess MDQ"):
EXCESS MD1Q = (A X B) - C
where:
AS = The Shipper system served by Transporter under this
Agreement, which is affected by unbundling.
A = The average peak day usage factor on the AS (in Dth per
customer).
B = Sales customer losses by Shipper on the AS due to
unbundling, excluding former Shipper sales customers
being served by a Shipper affiliate.
C = Any incremental transportation, gathering, and storage
volumes contracted for by Shipper for the AS after the
execution of this Agreement.
The resulting value may not be negative and shall be rounded
down to a whole number. However, should shipper demonstrate
the loss of an individual sales customer whose estimated peak
day demand exceeds 10 Dth, excluding former Shipper sales
customers being served by a Shipper affiliate, then that
volume shall be added to the Excess MDQ, provided that the
total Excess MDQ from such individual customers is less than
1,000 Dth.
(c) Despite Shipper's use of its best efforts to acquire state approvals
for cost recovery to avoid incurring "stranded costs" (including
amounts due Transporter under this Agreement related to Excess MDQ),
the applicable regulatory or legislative body does not approve a
mechanism which provides Shipper the opportunity to recover from its
rate payers such stranded costs.
(d) Despite Shipper's use of its best efforts to assign and/or release the
Excess NMQ to recover the costs (if any) which Shipper was not afforded
an opportunity to recover from its ratepayers under an approved
mechanism, Shipper is unable to either so assign and/or release the
Excess MDQ; and
(e) Shipper has exercised all rights it has to reduce contract entitlements
under all firm transportation, gathering, and storage agreements with
parties other than Transporter under which agreements gas is provided
to the AS; then
(f) If the conditions set forth above have been satisfied, Shipper shall
have the right to reduce the MDQ by an amount up to the Excess MDQ for
the period from the effective date of Shipper's notice through a date
designated by Shipper (not to exceed the date of termination of this
Agreement). Provided, however, Transporter shall have the option, by
notice delivered to Shipper within 45 days of Transporter's receipt of
Shipper's notice, to designate an equivalent volume of the firm
contract capacity under Transporter firm transportation and/or storage
agreement(s) serving the AS other than this Agreement for reduction in
lieu of a reduction of the MDQ under this Agreement.
9. NEGOTIATED RATE AGREEMENT: [ ] Yes [X] No
10. TERM OF AGREEMENT: Beginning: OCTOBER 1, 2001
Extending through: APRIL 30, 2005
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Contract No. 31044000
1. NOTICES, STATEMENTS, AND BILLS:
TO SHIPPER:
INVOICES FOR TRANSPORTATION:
Greeley Gas Company, (a division of Atmos Energy Corporation)
160 Lincoln Centre
Three 0000 XXX Xxxxxxx
Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxx
ALL NOTICES:
Greeley Gas Company, (a division of Atinos Energy Corporation)
160 Lincoln Centre
Three 0000 XXX Xxxxxxx
Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxx
TO TRANSPORTER:
See Payments, Notices, Nominations and Points of Contact
sheets in the Tariff.
11. SUPERSEDES AND CANCELS PRIOR AGREEMENT: When this Agreement becomes
effective, it shall supersede and cancel the following agreement between the
Parties: The No-Notice Storage and Transportation Delivery Service Agreement
between Transporter and Shipper dated April 1, 2000, referred to as
Transporter's Agreement No. 31028000B.
12. ADJUSTMENT TO RATE SCHEDULE NNT-1 AND/OR GENERAL TERMS AND CONDITIONS: N/A
2. INCORPORATION BY REFERENCE: This Agreement in all respects shall be
subject to the provisions of Rate Schedule NNT-1 and to the applicable
provisions of the General Terms and Conditions of the Tariff as filed
with, and made effective by, the FERC as same may change from time to
time (and as they may be amended pursuant to Section 12 of the
Agreement).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Transporter: Shipper:
COLORADO INTERSTATE GAS COMPANY GREELEY GAS COMPANY
By: /s/ Xxxxxx X. Xxxxx, Vice President By: /s/ Xxxxxx X. Xxx, Vice President
Approved
For Execution
By
-----------------------------------
Legal Dept.
Accepted and agreed to this Accepted and agreed to this
_____ day of ____________,2001. 2nd day of October, 2001.
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Contract No. 31044000
EXHIBIT "A"
No-Notice Storage and Transportation Delivery Service Agreement
Between
Colorado Interstate Gas Company
And
Greeley Gas Company,
(a division of Atmos Energy Corporation)
Dated: October 1, 2001
1. Shipper's Maximum Delivery Quantity ("MDQ") 12,985 Dth per Day
2. 2. Shipper's Maximum Available Capacity ("MAC"): 422,142 Dth.
3. Shipper's Maximum Daily Injection Quantity ("MDIQ"): 4,151 Dth per Day.
4. Shipper's Maximum Daily Withdrawal Quantity ("IVIDWQ"): 12,985 Dth per
Day.
Maximum
Primary Point of Deliver Quantity Delivery
Point(s) of (Dth per Day) Pressure
Delivery (Note 1) p.s.i.g.
----------- ------------------------- --------
Canon City Group (Note 3)
Canon City 8,968 (Note 2)
Colorado State Penitentiary 635 100
Engineer's Station 476+78 00 Xxxx Xxxxxxxx
Xxxxxxxx Xxxx Xxxx 2,096 60
Fremont County Industrial Park 18 Line Pressure
Xxxxxxx Xxxx Xxxx 000 00
Xxxxxxx XXX-0 274 Line Pressure
Xxxxxxxx Xxxx Xxxx 00 000
Xxxxxxxxx Xxxx Xxxx 75 150
TOTAL CANON CITY GROUP 12,438
------
CAPACITY RELEASE TOTAL 10,195
------
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Contract No. 31044000
EXHIBIT "A"
PRIMARY POINT(S) OF DELIVERY
PRIMARY POINT(S) QUANTITY (DTH PER DAY) MAXIMUM DELIVERY
OF DELIVERY (NOTE 1) PRESSURE P.S.I.G.
---------------- ---------------------------- -----------------
XXXX GROUP
Xxxxxxx Xxxxxxx 00 000
Xxxx Xxxx Xxxx 440 60
Highline Taps: 9 Line Pressure
Nepolan (Bent County)
Xxxxxxx (Fremont County) 23 Line Pressure
Piggery (Fremont County) 8 Line Pressure
X.X. Xxxxxxxx (Xxxx County) 8 Line Pressure
TOTAL XXXX GROUP 000
XXXXXXX XXXXXXXX 000 000
XXXXXXXXXXX 1,495 Line Pressure
TOTAL 12,985
NOTES:
(1) The sum of the Delivery Quantities at Point(s) of Delivery shall not be
greater than Shipper's MDQ.
(2) Line Pressure but not less than 100 p.s.i.g.
(3) For Capacity Release purposes, the aggregate of the Canon City Group
Point of Delivery Quantities is 10,195 Dth per Day. To the extent that
Shipper is not utilizing a portion of its remaining Point of Delivery
Quantities at non-Canon City Group Points of Delivery, Shipper may take
up to 12,438 Dth per Day for the Canon City Group provided that total
deliveries under this Agreement do not exceed the MDQ of 12,985 Dth per
Day unless an Authorized Overrun has been granted to Shipper by
Transporter.
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Contract No. 31044000
EXHIBIT "B"
No-Notice Storage and Transportation Delivery Service Agreement
between
COLORADO INTERSTATE GAS COMPANY
and
GREELEY GAS COMPANY,
(a division of
Atmos Energy Corporation)
Dated: October 1, 2001
COMMODITY FUEL
INJECTION RATE REIMBURSEMENT SURCHARGES
-------------- ------------- ----------
Storage Injection ....... ..... (Note 1) (Note 2) (Note 3)
PRIMARY POINT(S) R1-RESERVATION COMMODITY
OF DELIVERY RATE DELIVERY RATE TERM OF RATE SURCHARGES
---------------- -------------- ------------- ------------ ----------
As listed on Exhibit "A" (Note 1) (Note 1) Through 4/30/2005 (Note 3)
NOTES:
(1) Unless otherwise agreed by the Parties in writing, the rates for
service hereunder shall be Transporter's maximum rates for service
under Rate Schedule NNT-1 or other superseding Rate Schedules, as such
rates may be changed from time to time.
(2) Fuel Reimbursement shall be as stated on Transporter's Schedule of
Surcharges and Fees in The Tariff, as they may be changed from time to
time, unless otherwise agreed between the Parties.
(3) Surcharges, If Applicable:
All applicable surcharges, unless otherwise specified, shall be the
maximum surcharge rate as stated in the Schedule of Surcharges and
Fees in The Tariff, as such surcharges may be changed from time to
time.
GAS QUALITY SURCHARGE:
The Gas Quality Control Surcharge shall be assessed pursuant to
Article 20 of the General Terms and Conditions as set forth in The
Tariff.
GRI:
The GRI Surcharge shall be assessed pursuant to Article 18 of the
General Terms and Conditions as set forth in The Tariff.
ORDER NO. 636 TRANSITION COST MECHANISM:
Surcharge(s) shall be assessed pursuant to Article 21 of the General
Terms and Conditions as set forth in The Tariff.
ACA:
The ACA Surcharge shall be assessed pursuant to Article 19 of the
General Terms and Conditions as set forth in The Tariff.
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