EXHIBIT 10(d) RATE SCHEDULE EFT ENHANCED FIRM TRANSPORTATION SERVICE FORM OF TRANSPORTATION AGREEMENT CONTRACT NO. 016774 THIS AGREEMENT, made and entered into as of the 1st day of April , 2000 , by and between: PANHANDLE EASTERN PIPE LINE COMPANY,...
EXHIBIT 10(d)
RATE SCHEDULE EFT
ENHANCED FIRM TRANSPORTATION SERVICE
FORM OF TRANSPORTATION AGREEMENT
CONTRACT NO. 016774 THIS AGREEMENT, made and entered into as of the 1st day of April , 2000 , by and between: PANHANDLE EASTERN PIPE LINE COMPANY, (hereinafter called "Panhandle"), a Delaware Corporation,
and PEOPLES GAS LIGHT AND COKE COMPANY (THE) (hereinafter called "Shipper"), a(n) LOCAL DISTRIBUTION COMPANY incorporated in the State of IL. Shipper represents and warrants that Shipper conforms to the requirements of 18 C.F.R.
Section 284.102 (284B - Intrastate Pipelines or Local Distribution Companies) Section 284.222 (284G - Interstate Pipelines) Section 284.223 (284G - Others) x
This contract is Firm Seasonal Storage Related In consideration of the mutual convenants and agreements as herein set forth, both Panhandle and Shipper convenant and agree as follows: ARTICLE 1 - SERVICE
Panhandle agrees to receive at the Point(s) of Receipt and deliver at the Point(s) of Delivery, on a firm basis, quantities of Natural Gas up to the following daily quantities (Dt./Day), which shall constitute the Maximum Daily Contract Quantity:
Effective from 04/01/2000 through 11/30/2000: 32,000 Dt./Day
The Maximum Daily Contract Quantity is stated in delivery quantities, for which received quantities must be adjusted for fuel usage and lost or unaccounted-for Gas as set out in the then-effective, applicable rates and charges under Panhandle's Rate Schedule EFT.Exhibit A hereto states the Point(s) of Receipt and Delivery. Exhibit A may be revised from time to time by written agreement between Panhandle and Shipper and, as may be revised, is by this reference incorporated in its entirety into this Agreement and made an integral part hereof. Shipper's Maximum Daily Contract Quantity shall be assigned among the Primary Point(s) of Receipt set out on Exhibit A, as well as among the Primary Point(s) of Delivery set out on Exhibit A.
Shipper recognizes that no Point(s) of Receipt or Point(s) of Delivery hereunder shall include a Point(s) of Receipt or Point(s) of Delivery on Panhandle Gathering's facilities, unless Shipper agrees to accept a completely separate Gathering service. By designating a firm Point(s) of Receipt or firm Point(s) of Delivery hereunder which is located only on Panhandle Gathering's facilities as defined in the General Terms and Conditions of Panhandle's FERC Gas Tariff, First Revised Volume Xx. 0, Xx
XXXXXXX 0 - XXXX
This Agreement shall be effective from the date first stated above. Panhandle shall provide firm Transportation service for Shipper pursuant to this Agreement from the 1st day of October, 2000 through the 31st day of March, 2003, when this Agreement shall expire.
ARTICLE 3 - RATES AND CHARGES
For the services provided or contracted for hereunder, Shipper agrees to pay Panhandle the then-effective, applicable rates and charges under Panhandle's Rate Schedule EFT filed with the Commission, as such rates and charges and Rate Schedule EFT may hereafter be modified, supplemented, superseded, or replaced generally or as to the service hereunder. Panhandle reserves the right from time to time to unilaterally file and to make effective any such changes in the terms or rate levels under Rate
From time to time Panhandle and Shipper may agree in writing, on a level of discount of the otherwise applicable rates and charges hereunder, pursuant to the effective applicable provisions of Rate Schedule EFT and subject to the Regulations and Orders of the Commission. For example, Panhandle and Shipper may agree that a specified discounted rate shall apply: (a) only to certain Quantities under this Agreement; (b) only if specified Quantity levels are actually achieved or only with respect to ecified level; (c) only during specified time periods; (d) only to specified Points of Receipt, Points of Delivery, mainline segments, transportation paths or defined geographical areas; (e) only to production reserves committed by the Shipper; or (f) in a specified relationship to the Quantities actually transported (i.e., that the rates shall be adjusted in a specified relationship to Quantities actually transported); provided, however, that any such discounted rate set forth above shall be between the Ma
From time to time Panhandle and Shipper may agree to a Negotiated Rate for a specified term for service hereunder. Provisions governing such Negotiated Rate and term shall be set forth an Exhibit C hereto.
ARTICLE 4 - FUEL REIMBURSEMENT
In addition to collection of the rates and charges provided for in Article 3, Panhandle shall retain the percentage provided pursuant to Rate Schedule EFT of the quantities received from Shipper hereunder, for reimbursement in kind from Shipper for fuel usage and unaccounted-for line loss.
ARTICLE 5 - GENERAL TERMS AND CONDITIONS
This Agreement and all terms for service hereunder are subject to the further provisions of Rate Schedule EFT and the General Terms and Conditions of Panhandle's Tariff, as such may be modified, supplemented, superseded or replaced generally or as to the service hereunder. Panhandle reserves the right from time to time to unilaterally file and to make effective any such changes in the provisions of Rate Schedule EFT and/or the General Terms and Conditions, subject to the applicable provisions o
ARTICLE 6 - SUCCESSIONS AND ASSIGNMENTS
This Agreement shall be binding upon and inure to the benefit of any successor(s) to either Panhandle or Shipper by merger, consolidation or acquisition. Either Panhandle or Shipper may assign or pledge this Agreement and all rights and obligations hereunder under the provisions of any mortgage, deed of trust, indenture or other instrument which it has executed or may execute hereafter as security for indebtedness; otherwise, except as provided in Section 15 of the General Terms and Conditions,
ARTICLE 7 - NOMINATIONS AND NOTICES
Periodic nominations of the quantities of service requested hereunder must be provided by Shipper to Panhandle, at the times and according to the procedures specified in the General Terms and Conditions. Except as otherwise specified, any other notice, request, demand, statement or xxxx provided for in the General Terms and Conditions and any other notice which either Panhandle or Shipper may desire to give to the other(s), shall be in writing and shall be considered as duly delivered when mail
PANHANDLE
Payment: Panhandle Eastern Pipe Line Company P. 0. Xxx 000000 Xxxxxxx, Xxxxx 77216-1202 Nomination and Panhandle Eastern Pipe Line Company Scheduling: Attn: Marketing Operations P. 0. Xxx 0000 Xxxxxxx, Xxxxx 00000-0000 Phone: (000) 000-0000 Facsimile: (000) 000-0000 Pipeline Emergencies: Panhandle Eastern Pipe Line Company (Not to be used for Attn: Gas Control any other purpose) P. 0. Xxx 0000 Xxxxxxx, Xxxxx 00000-0000 Phone: (000) 000-0000 Toll Free: 1-800-225-3913 All Other: Panhandle Eastern Pipe Line Company Attn: Customer Services P. 0. Xxx 0000 Xxxxxxx, Xxxxx 00000-0000 Phone: (000) 000-0000 or 0-000-000-0000 Facsimile: (000) 000-0000 SHIPPER
Billing: PEOPLES GAS LIGHT AND COKE COMPANY (THE) Mailing: 000 X XXXXXXXX XX, 00XX XXXXX XXXXXXX, XX 00000 Street : 000 X XXXXXXXX XX, 00XX XXXXX XXXXXXX,.XX 00000 Attn: XXXXX XXXX 000-000-0000 Nomination and PEOPLES GAS LIGHT AND COKE COMPANY (THE) Scheduling: (1) Mailing: 000 X XXXXXXXX XX, 00XX XXXXX XXXXXXX, XX 00000 Street : 000 X XXXXXXXX XX, 00XX XXXXX XXXXXXX, XX 00000 Attn: XXXXX XXXX 000-000-0000 All Other: PEOPLES GAS LIGHT AND COKE COMPANY (THE) Mailing: 000 X XXXXXXXX XX, 00XX XXXXX XXXXXXX, XX 00000 Street : 000 X XXXXXXXX XX, 00XX XXXXX XXXXXXX, XX 00000 Attn: XXX XXXXXXXXX 000-000-0000 (1) Please provide street address in addition to mailing address.
Contract-No: 016774
IN WITNESS WHEREOF, both Panhandle and Shipper have caused this Agreement to be executed in several counterparts by their respective officers or other persons duly authorized to do so, as of the date first stated above.
PANHANDLE EASTERN PIPE LINE COMPANY By /s/ Xxxxx X. Xxxxxxxx (Please type or print name) Title Vice President, Marketing Executed (Date)
PEOPLES GAS LIGHT AND COKE COMPANY (THE) By /s/ X. X. Field X. X. Field (Please type or print name) Title Executive Vice President Executed March 3, 2000 (Date) EXHIBIT A
Between
Panhandle Eastern Pipe Line Company
For
Firm Service
Under Rate Schedule EFT
and PEOPLES GAS LIGHT AND COKE COMPANY (THE) Contract No. 016774 Maximum Daily Contract Quantities (Dt./Day):
Effective from 04/01/2000 through 11/30/200: 32,000
Dt./Day Effective from 12/01/2000 through 03/31/2001: 42,500
Dt./Day Effective from 04/01/2001 through 11/30/2001: 32,000
Dt./Day Effective from 12/01/2001 through 03/31/2002: 42,500
Dt./Day Effective from 04/01/2002 through 11/30/2002: 32,000
Dt./Day Effective from 12/01/2002 through 03/31/2003: 42,500
Dt./Day
Contract-No: 016774
EXHIBIT A
For
Firm Service
Under Rate Schedule EFT
Primary Firm Point(s) of Delivery
Function-
Meter
alization/
No.
Delivered To
No.
Mileage
County
State
Quantity
Effective from: 04/01/2000 Through: 11/30/2000 1
PEOPLES GAS LIGHT AND COK 66590
T/ 000
XXXXXX
XX
32,000
Effective from: 12/01/2000 Through: 03/31/2001 2
PEOPLES GAS LIGHT AND COK 66590
T/ 000
XXXXXX
XX
42,500
Effective from: 04/01/2001 Through: 11/30/2001 3
PEOPLES GAS LIGHT AND COK 66590
T/ 000
XXXXXX
XX
32,000
Effective from: 12/01/2001 Through: 03/31/2002 4
PEOPLES GAS LIGHT AND COK 66590
T/ 000
XXXXXX
XX
42,500
Effective from: 04/01/2002 Through: 11/30/2002
5
PEOPLES GAS LIGHT AND COK 66590
T/ 000
XXXXXX
XX
32,000
Effective from: 12/01/2002 Through: 03/31/2003
4
PEOPLES GAS LIGHT AND COK 66590
T/ 000
XXXXXX
XX
42,500 Description of Facilities
Atmos.
Existing/
Operated and
Pres.
No.
Proposed
Installed by
Maintained by
(Psia)
Effective from: 04/01/2000 Through: 11/30/2000 EXISTING ------ PANHANDLE EASTERN PIPE LINE 0
Effective from: 12/01/2000 Through: 03/31/2001 EXISTING ------ PANHANDLE EASTERN PIPE LINE 0
Effective from: 04/01/2001 Through: 11/30/2001 EXISTING ------ PANHANDLE EASTERN PIPE LINE 0
Effective from: 12/01/2001 Through: 03/31/2002 EXISTING ------ PANHANDLE EASTERN PIPE LINE 0
Effective from: 04/01/2002 Through: 11/30/2002 EXISTING ------ PANHANDLE EASTERN PIPE LINE 0
Effective from: 12/01/2002 Through: 03/31/2003 EXISTING ------ PANHANDLE EASTERN PIPE LINE 0
Contract-No: 016774
EXHIBIT A
For
Firm Service
Under Rate Schedule EFT
Primary Firm Point(s) of Receipt
Function-
Meter
alization/
No.
Received From
No.
Mileage
County
State
Quantity
Effective from: 04/01/2000 Through 11/30/2000 1
PANHANDLE BOURBON DELIVER PBRBN
T/ 000
XXXXXX
XX
32,000
Effective from: 12/01/2000 Through 03/31/2001 2
PANHANDLE BOURBON DELIVER PBRBN
T/ 000
XXXXXX
XX
42,500
Effective from: 04/01/2001 Through 11/30/2001 3
PANHANDLE BOURBON DELIVER PBRBN
T/ 000
XXXXXX
XX
32,000
Effective from: 12/01/2001 Through 03/31/2002 4
PANHANDLE BOURBON DELIVER PBRBN
T/ 000
XXXXXX
XX
42,500
Effective from: 04/01/2002 Through 11/30/2002 5
PANHANDLE BOURBON DELIVER PBRBN
T/ 000
XXXXXX
XX
32,000
Effective from: 12/01/2002 Through 03/31/2003 6
PANHANDLE BOURBON DELIVER PBRBN
T/ 538
DOUGLA
IL
42,500 Description of Facilities
Atmos.
Existing/
Operated and
Pres.
No.
Proposed
Installed by
Maintained by
(Psia)
Effective from: 04/01/2000 Through: 11/30/2000 EXISTING ------ PANHANDLE EASTERN PIPE LINE 14
Effective from: 12/01/2000 Through: 03/31/2001 EXISTING ------ PANHANDLE EASTERN PIPE LINE 14
Effective from: 04/01/2001 Through: 11/30/2001 EXISTING ------ PANHANDLE EASTERN PIPE LINE 14
Effective from: 12/01/2001 Through: 03/31/2002 EXISTING ------ PANHANDLE EASTERN PIPE LINE 14
Effective from: 04/01/2002 Through: 11/30/2002 EXISTING ------ PANHANDLE EASTERN PIPE LINE 14
Effective from: 12/01/2002 Through: 03/31/2003 EXISTING ------ PANHANDLE EASTERN PIPE LINE 14
PANHANDLE EASTERN PIPE LINE COMPANY
0000 Xxxxxxxxxx Xxxx/X.X. Xxx 0000
Xxxxxxx, Xxxxx 77056/77210-4967
Marketing Administration Department
(000) 000-0000
Fax: (000) 000-0000
December 15, 1999
PEOPLES GAS LIGHT AND COKE COMPANY (THE) 000 X XXXXXXXX XX, 00XX XXXXX XXXXXXX, XX 00000 Gentlemen: Re: 016774
Currently, Panhandle Eastern Pipe Line Company ("Transporter") is transporting natural gas pursuant to and in accordance with the regulations issued by the Federal Energy Regulatory Commission ("FERC") enabling Transporter to provide transportation pursuant to Section 7 of the Natural Gas Act ("NGA") and Subpart G of 18 C.F.R. Part 284.In order for Transporter to initiate transportation of natural gas in accordance with the referenced service agreement, certain assurances must be obtained from you, as Shipper.
Shipper represents and warrants that the gas purchased for transportation and transported by Transporter pursuant to the referenced transportation agreement is eligible for transportation pursuant to Subpart G of 18 C.F.R. Part 284 or other similar applicable laws, regulations, and authorities.
Please execute in the spaces provided for below and return with the executed Transportation Agreement. Sincerely,
PANHANDLE EASTERN PIPE LINE COMPANY By: /s/ Xxxxx X. Xxxxxxxx Title Vice President, Marketing
Agreed to and Accepted this 3 day of March , 2000 PEOPLES GAS LIGHT AND COKE COMPANY (THE) By /s/ X. X. Field X. X. Field (Please type or print name) Title Executive Vice President
