Date: September 20, 1995 Contract No. 24350
Exhibit 10(a)
FTS -1 SERVICE AGREEMENT
This AGREEMENT is entered into by ANR Pipeline Company
(Transporter) and The Peoples Gas Light and Coke Company (Shipper)
WHEREAS, Shipper has requested Transporter to transport Gas on its behalf and
Transporter represents that it is willing to transport Gas under the terms and
conditions of this Agreement.
NOW, THEREFORE, Transporter and Shipper agree that the terms below, together
with the terms and conditions of Transporter's applicable Rate Schedule and
General Terms and Conditions of Transporter's FERC Gas Tariff constitute the
transportation service to be provided and the rights and obligations of Shipper
and Transporter.
1. AUTHORITY FOR TRANSPORTATION SERVICE:
284G -Blanket
2. RATE SCHEDULE: FIRM TRANSPORTATION SERVICE (FTS -1)
3. CONTRACT QUANTITIES:
Primary Routes -see Exhibit attached hereto.
Such Contract Quantities shall be reduced for scheduling purposes, but not
for billing purposes, by the Contract Quantities that Shipper has released
through Transporter's capacity release program for the period of any
release.
4. TERM OF AGREEMENT:
11/01/1995 to
10/31/2000
5. RATES:
Maximum rates, charges, and fees shall be applicable for the entitlements
and quantities delivered pursuant to this Agreement unless Transporter has
advised Shipper in writing or by ANR Xpedite that it has agreed otherwise.
It is further agreed that Transporter may seek authorization from the
Commission and/or other appropriate body at any time and from time to time
to change any rates, charges or other provisions in the applicable Rate
Schedule and General Terms and
Date: September 20, 1995 Contract No. 24350
Conditions of Transporter's FERC Gas Tariff, and Transporter shall have the
right to place such changes in effect in accordance with the Natural Gas
Act. This Agreement shall be deemed to include such changes and any changes
which become effective by operation of law and Commission order. Nothing
contained herein shall be construed to deny Shipper any rights it may have
under the Natural Gas Act, including the right to participate fully in rate
or other proceedings by intervention or otherwise to contest increased
rates in whole or in part.
6. INCORPORATION BY REFERENCE:
The provisions of Transporter's applicable Rate Schedule and the General
Terms and Conditions of Transporter's FERC Gas Tariff are specifically
incorporated herein by reference and made a part hereof.
7. NOTICES:
All notices can be given by telephone or other electronic means, however,
such notice shall be confirmed in writing at the addresses below or through
ANR Xpedite. Shipper or Transporter may change the addresses below by
written notice to the other without the necessity of amending this
agreement:
TRANSPORTER:
ANR PIPELINE COMPANY
000 Xxxxxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxxx 00000
Attentions: Gas Control (Nominations)
Volume Management (Statements)
Cash Control (Payments)
Marketing Administration (All Other Matters)
SHIPPER:
THE PEOPLES GAS LIGHT AND COKE CO. (Shipper Name)
-----------------------------------
000 Xxxx Xxxxxxxx, 00xx Xxxxx (Xxxxxxx)
-----------------------------------
Xxxxxxx, XX 00000-0000 (City, State, Zip)
-----------------------------------
Attention: Xxxxxxx Xxxxxxxxxxx
--------------------
Telephone: (000) 000-0000
--------------------
Fax: (000) 000-0000
--------------------
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Date: September 20, 1995 Contract No. 24350
INVOICES AND STATEMENTS:
THE PEOPLES GAS LIGHT AND COKE CO. (Shipper Name)
-----------------------------------
000 Xxxx Xxxxxxxx, 00xx Xxxxx (Xxxxxxx)
-----------------------------------
Xxxxxxx, XX 00000-0000 (City, State, Zip)
-----------------------------------
Attention: Xxxxxxx Xxxxxxxxxxx
--------------------
Telephone: (000) 000-0000
--------------------
Fax: (000) 000-0000
--------------------
NOMINATIONS:
THE PEOPLES GAS LIGHT AND COKE CO. (Shipper Name)
-----------------------------------
000 Xxxx Xxxxxxxx, 00xx Xxxxx (Xxxxxxx)
-----------------------------------
Xxxxxxx, XX 00000-0000 (City, State, Zip)
-----------------------------------
Attention: Xxxxxxx Xxxxxxxxxxx
--------------------
Telephone: (000) 000-0000
--------------------
Fax: (000) 000-0000
--------------------
Mechanical Dialing
Device No(s)
-----------------------
ALL OTHER MATTERS:
THE PEOPLES GAS LIGHT AND COKE CO. (Shipper Name)
-----------------------------------
000 Xxxx Xxxxxxxx, 00xx Xxxxx (Xxxxxxx)
-----------------------------------
Xxxxxxx, XX 00000-0000 (City, State, Zip)
-----------------------------------
Attention: Xxxxxxx Xxxxxxxxxxx
--------------------
Telephone: (000) 000-0000
--------------------
Fax: (000) 000-0000
--------------------
8. FURTHER AGREEMENT
A. The rate for all quantities of gas transported on the Primary Route(s)
up to the Primary Route MDQ(s) under this Agreement shall be the
current FERC Tariff Rates in effect not to exceed $0.15 per dth on a
100% load factor basis inclusive of Volumetric Buyout/Buydown, GRI,
Dakota and Transition Costs. In
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Date: September 20, 1995 Contract No. 24350
addition, Shipper will be charged ACA, fuel and any other related fees
or surcharges.
B. All quantities associated with Secondary Receipt Points, Secondary
Delivery Points, Secondary Routes and the releases of the capacity
under this Agreement will be at Maximum Tariff Rates plus all other
related fees, surcharges and fuel.
C. Shipper and any Agent of Shipper agree that the rates stated herein
shall be confidential and shall be maintained confidentially by
Shipper and any Agent of Shipper. Shipper may disclose such rates only
if such disclosure is required by law and Shipper requests
confidential or privileged treatment under applicable statutes, rules
and regulations, and provides reasonable notice to Transporter prior
to such disclosure. Any unauthorized disclosure of the rates stated
herein shall have the effect of terminating from the date the
discounted rate is disclosed any rate discounts reflected herein such
that, for the remaining term of this Agreement, Shipper shall be
required to pay Transporter the maximum applicable rate for service,
as well as all other charges, surcharges or direct xxxx applicable to
such service.
D. Shipper waives its right to segment its FTS-1 capacity during the term
of this Agreement.
E. If the FTS-1 Agreement (No. 24400) between Transporter and Shipper is
terminated after one (1) year of service, this Agreement shall be
amended to change the Primary Delivery Point to East Joliet only with
a 100% load factor rate of $0.12 per dth inclusive of Volumetric
Buyout/Buydown, GRI, Dakota and Transition Costs. In addition, Shipper
will be charged ACA, fuel and any other related fees or surcharges.
F. During the November 1, 1995 to April 30, 1996, October through April
(1996 -2000) and October 1-31, 2000 periods, Shipper can nominate up
to 60,000 dth/day from Crystal Falls to either Maumee East/Col Gas OH
or East Joliet as long as the total combined nomination does not
exceed 60,000 dth/day.
G. Consistent with provisions of its Tariff, Transporter is willing to
contract on Shipper's behalf for capacity required on third party
transporters, or for other services to effectuate Shipper's receipt of
gas on third party facilities and delivery of gas to Transporter's
facilities.
Shipper must advise Transporter prior to commencement of such third
party transportation of its desire to have Transporter act in such a
capacity.
Shipper agrees to pay all charges related to such third party
transportation arrangements pursuant to Transporter's Tariff.
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Date: September 20, 1995 Contract No. 24350
H. To the extent Shipper desires to utilize receipt/delivery points
pursuant to Part 284 B (Section 311 of the NGPA and Section 284.102 of
the Commission's regulations), Shipper must execute a separate
agreement with Transporter and Shipper must also certify that the
transportation of gas will be on behalf of either an "intrastate
pipeline" or a "local distribution company."
9. OPERATIONAL FLOW ORDERS
Shipper hereby guarantees to Transporter that each contract it has entered
into in connection with the Gas to be transported under this Agreement
contains a provision that permits Transporter to issue an effective
Operational Flow Order pursuant to Section 8 of the General Terms and
Conditions. Shipper shall also guarantee for any supply contract for Gas
that is transported via Viking Gas Transmission Company, that Transporter
shall be designated a third party beneficiary.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
by their respective Officers or Representatives thereunto duly authorized to be
effective as of the date stated above.
SHIPPER: The Peoples Gas Light and TRANSPORTER: ANR Pipeline Company
Coke Company
By: /s/ X. X. Xxxxxxx By: /s/ Xxxxx X. Xxxxxxxx
------------------------- ---------------------------
Title: Vice President Title: Assistant Vice President
------------------------- ---------------------------
Date: 10/04/95 Date: 10/05/95
------------------------- ---------------------------
0
XXXXXXX XXXXX XXXXXXX Xxxxxxxx Xx. 00000
To Agreement Between Contract Rate FTS-1
ANR Pipeline Company (Transporter) Contract Date September 20, 1995
and The Peoples Gas Light and Coke Amendment Date -
Company (Shipper)
RECEIPT RECEIPT DELIVERY DELIVERY MDQ
NUMBER NAME NUMBER NAME (DTH) EFFECTIVE PERIOD
--------- ------------------------ --------- -------------------------- ----- --------------------
037000700 Crystal Falls/Xxxxxxx Xx 037044750 Maumee East/Col Gas OH (1) 60000 11/01/95 to 04/30/96
032200100 East Joliet
037000700 Crystal Falls/Xxxxxxx Xx 032200100 East Joliet 60000 MAY - SEPTEMBER
(1996 - 2000)
037000700 Crystal Falls/Xxxxxxx Xx 037044750 Maumee East/Col Gas OH (1) 60000 OCTOBER - APRIL
032200100 East Joliet (1996 - 2000)
037000700 Crystal Falls/Xxxxxxx Xx 037044750 Maumee East/Col Gas OH (1) 60000 10/01/2000 to 10/31/2000
032200100 East Joliet
(1) The Primary Delivery Point of Maumee East/Col Gas OH can be used during the
months of October through April only; the Primary Delivery Point of East
Joliet can be used through the term of the Agreement.
