EXHIBIT 10.6.21
June 19, 2002
Xxxxxx X. Xxxxxx
C/o PG&E National Energy Group Company
0000 Xxx Xxxxxxxxxx Xxxx
Xxxxxxxx, XX 00000
Re: Agreement under FT-A Rate Schedule
Dear Xx. Xxxxxx:
Reference is made to the following documents:
(a) proposed Gas Transportation Agreement (For Use under FT-A Rate
Schedule), together with the Firm Transportation Negotiated Rate
Letter Agreement (collectively, the "FT-A Agreement"), to be
entered into between Tennessee Gas Pipeline Company
("Transporter") and Selkirk Cogen Partners, L.P. ("Shipper");
(b) Gas Transportation Agreement (For Use Under NET-284 Rate
Schedule), dated January 6, 2000 (the "NET-284 Agreement"),
between Transporter and Shipper;
(c) Firm Natural Gas Transportation Agreement, dated April 18, 1991
(the "NET-EU Agreement"), between Transporter and Shipper (the
NET-EU Agreement, the NET-284 Agreement and, upon its
effectiveness, the FT-A Agreement are sometimes collectively
referred to as the "Gas Transportation Agreements");
(d) Consent and Agreement, dated August 14, 1994, as confirmed by a
Confirmation Agreement dated April 14, 1994 (the "Consent"),
between Transporter, Shipper, and the "Agent" and its successor
"New Agent" as identified in the Consent.
The purpose of this letter is to affirm Transporter's understandings as set
forth below.
(1) Transporter hereby confirms for the benefit of the parties to the
Consent that the NET- EU Agreement was succeeded by the NET-284
Agreement, and that upon effectiveness of the FT-A Agreement, the
FT-A Agreement will succeed the NET-284 Agreement, and that the
relationship of Transporter and Shipper with respect to the
Re: Agreement under FT-A Rate Schedule
June 19, 2002
Page 2
transportation of 21,000 Dth per day as described in each of the
NET- EU Agreement, the NET-284 Agreement and the FT-A Agreement
shall be governed solely by the FT-A Agreement upon effectiveness
of the FT-A Agreement in accordance with the terms of the FT-A
Agreement. Transporter affirms that the "Unit 1 Firm Natural Gas
Transportation Agreement" as that term is used in the Consent
means the NET-EU Agreement prior to the effectiveness of the
NET-284 Agreement and thereafter to the NET-284 Agreement, and
that upon the effectiveness of the FT-A Agreement, the term "Unit
1 Firm Natural Gas Transportation Agreement" as used in the
Consent shall mean the FT-A Agreement.
Please acknowledge your acceptance of the foregoing by countersigning below.
Very truly yours,
TENNESSEE GAS PIPELINE COMPANY
By: /s/ X.X. XXXXXXXXX
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Name: X.X. Xxxxxxxxx
Title: Vice President
Acknowledged this 28th day of June:
SELKIRK COGEN PARTNERS, L.P.
By JMC Selkirk, Inc., its managing general partner
By: /s/ X.X. XXXXXX
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Name: Xxxxxx X. Xxxxxx
Title: Senior Vice President