SERVICE PACKAGE 6445
AMENDMENT NO. 0
GAS STORAGE CONTRACT
(For Use Under Rate Schedule FS)
This Agreement is made as of the 1st day of April 1994, by and between
TENNESSEE GAS PIPELINE COMPANY, a Delaware corporation herein called
"Transporter," and CONNECTICUT NATURAL GAS CORPORATION, a CONNECTICUT
Corporation, herein called "Shipper." Transporter and Shipper collectively
shall be referred to herein as the "Parties."
ARTICLE I - SCOPE OF AGREEMENT
Following the commencement of service hereunder, in accordance with the
terms of Transporter's Rate Schedule FS, and of this Agreement, Transporter
shall receive for injection for Shipper's account a daily quantity of gas
up to Shipper's Maximum Injection Quantity of 6,667 (Dth) and Maximum
Storage Quantity of 1,000,000 dekatherms(Dth) (on a cumulative basis) and
on demand shall withdraw from Shipper's storage account and deliver to
Shipper a daily quantity of gas up to Shipper's Maximum Daily Withdrawal
Quantity of 0 Dth.
ARTICLE II - SERVICE POINT
The point or points at which the gas is to be tendered for delivery by
Transporter to Shipper under this Agreement shall be at the storage service
point at Transporter's Compressor Station 40.
ARTICLE III - PRICE
1. Shipper agrees to pay Transporter for all natural gas storage service
furnished to Shipper hereunder, including compensation for system fuel
and losses, at Transporter's legally effective rate or at any effective
superseding rate applicable to the type of service specified herein.
Transporter's present legally effective rate for said service is
contained in Transporter's Tariff as filed with the Federal Energy
Regulatory Commission.
2. Shipper agrees to reimburse Transporter for any filing or similar fees,
which have not been previously paid by Shipper, which Transporter incurs
in rendering service hereunder.
3. Shipper agrees that Transporter shall have the unilateral right to file
with the appropriate regulatory authority and make changes effective in
(a) the rates and charges applicable to service pursuant to
Transporter's Rate Schedule FS, (b) the rate schedule(s) pursuant to
which service hereunder is rendered, or (c) any provision of the General
Terms and Conditions applicable to those rate schedules. Transporter
agrees that Shipper may protest or contest the aforementioned filings,
or may seek authorization from duly constituted regulatory authorities
for such adjustment of Transporter's existing FERC Gas Tariff as may be
found necessary to assure Transporter just and reasonable rates.
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SERVICE PACKAGE 6445
AMENDMENT NO. 0
ARTICLE IV - INCORPORATION OF RATE SCHEDULE AND TARIFF PROVISIONS
This agreement shall be subject to the terms of Transporter's Rate Schedule
FS, as filed with the Federal Energy Regulatory Commission, together with
the General Terms and Conditions applicable thereto (including any changes
in said Rate Schedule or General Terms and Conditions as may from time to
time be filed and made effective by Transporter).
ARTICLE V - TERM OF AGREEMENT
This Agreement shall be effective as of the 1st day of April 1994, and
shall remain in force and effect until 31st March, 1995 ("Primary Term")
and on a Month-to-Month basis thereafter unless terminated by either Party
upon at least thirty (30) days prior written notice to the other Party;
provided, however, that if the FERC or other governmental body having
jurisdiction over the service rendered pursuant to this Agreement
authorizes abandonment of such service, this Agreement shall terminate on
the abandonment date permitted by the FERC or such other governmental body.
This Agreement will terminate upon notice from Transporter in the event
Shipper fails to pay all of the amount of any xxxx for service rendered by
Transporter hereunder in accordance with the terms and conditions of
Article VI of the General Terms and Conditions of Transporters Tariff.
ARTICLE VI - NOTICES
Except as otherwise provided in the General Terms and Conditions applicable
to this Agreement, any notice under this Agreement shall be in writing and
mailed to the post office address of the Party intended to receive the
same, as follows:
TRANSPORTER: TENNESSEE GAS PIPELINE COMPANY
P. O. XXX 0000
XXXXXXX, XX 00000-0000
ATTENTION: TRANSPORTATION MARKETING
SHIPPER:
NOTICES: CONNECTICUT NATURAL GAS CORPORATION
000 XXXXXXXX XXXX
XXXXXXXX, XX 00000
ATTENTION: XXXX X. XXXXXX
BILLING: CONNECTICUT NATURAL GAS CORPORATION
000 XXXXXXXX XXXX
XXXXXXXX, XX 00000
ATTENTION: XXXXXXXX XXXXX
or to such other address as either Party shall designate by formal written
notice to the other.
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SERVICE PACKAGE 6445
AMENDMENT NO. 0
ARTICLE VII - ASSIGNMENT
Any company which shall succeed by purchase, merger or consolidation to the
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.
Otherwise no assignment of the Agreement or any of the rights or
obligations thereunder shall be made by Shipper, except pursuant to the
General Terms and Conditions of Transporter's FERC Gas Tariff.
It is agreed, however, that the restrictions on assignment contained in
this Article shall not in any way prevent either Party to the Agreement
from pledging or mortgaging its rights thereunder as security for its
indebtedness.
ARTICLE VIII - MISCELLANEOUS
8.1 The interpretation and performance of this Agreement shall be in
accordance with and controlled by the laws of the State of Texas,
without regard to doctrines governing choice of law.
8.2 If any provision of this Agreement is declared null and void, or
voidable, by a court of competent jurisdiction, then that provision
will be considered severable at either Party's option; and if the
severability option is exercised, the remaining provisions of the
Agreement shall remain in full force and effect.
8.3 Unless otherwise expressly provided in this Agreement or
Transporter's Tariff, no modification of or supplement to the terms
and provisions stated in this Agreement shall be or become
effective, until Shipper has submitted a request for change through
the TENN-SPEED (Trademark) 2 System and Shipper has been notified
through TENN-SPEED 2 of Transporter's agreement to such change.
ARTICLE IX - PRIOR AGREEMENTS CANCELLED
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed by their authorized agents.
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SERVICE PACKAGE 6445
AMENDMENT NO. 0
TENNESSEE GAS PIPELINE COMPANY
BY Xxxxx X. Xxxxxx 4-7-98
---------------------
Agent and Attorney-in-Fact
Xxxxx X. Xxxxxx
CONNECTICUT NATURAL GAS CORPORATION
BY X.X. Xxxxxxxx
----------------------
TITLE Asst. VP Energy Planning & Procurement
----------------------------------------
DATE 2/9/95
--------------------
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GAS STORAGE SERVICE AGREEMENT
EXHIBIT "A"
TO FIRM GAS STORGAE SERVICE AGREEMENT
DATED April 1, 0000
XXXXXXX
XXXXXXXXX GAS PIPELINE COMPANY
AND
CONNECTICUT NATURAL GAS CORPORATION
CONNECTICUT NATURAL GAS CORPORATION
AMENDMENT: 0
SERVICE PACKAGE MSQ: 1,000,000
MAXIMUM DAILY WITHDRAWAL QUANTITY: 0
MAXIMUM DAILY INJECTION QUANTITY: 6,667
SERVICE POINT: Compressor Station 40
INJECTION METER: 060017 TGP - BEAR CREEK STOR INJECTION
WITHDRAWAL METER: 070017 TGP - BEAR CREEK STOR WITHDRAWAL
METER METER NAME COUNTY ST ZONE I/W LEG TOTAL-TQ BILLABLE-TQ
----------------------------------------------------------------------------------------------------------------------
060017 TGP - BEAR CREEK STOR INJECTION NATCHITOCHES LA 01 I 100 6,667 6,667
Total Injection TQ: 6,667 6,667
070017 TGP - BEAR CREEK STOR WITHDRAWAL NATCHITOCHES LA 01 W 100 0 0
Total Withdrawal TQ: 0 0
NUMBER OF INJECTION POINTS AFFECTED: 1
NUMBER OF WITHDRAWAL POINTS AFFECTED: 1
Note: Exhibit "A" is a reflection of the contract and all amendments
as of the amendment effective date.
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