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Exhibit 10.52
August 3, 1998
Piedmont Natural Gas Company, Inc.
0000 Xxxxxxx Xxxxx
Xxxxxxxxx, XX 00000
ATTN: Xx. Xxx Xxxxxxxxx
RE: AMENDMENT NO. 343 PURSUANT TO
GAS TRANSPORTATION AGREEMENT
DATED SEPTEMBER 1, 1993
SERVICE PACKAGE NO. 237
Dear Xxx:
Tennessee Gas Pipeline Company ("Tennessee") and PIEDMONT NATURAL GAS
COMPANY, INC. ("Shipper") agree to amend the above-referenced Agreement
("Agreement") effective NOVEMBER 1, 2000, as reflected in the attached revised
"Exhibit A" and as follows:
The opening paragraph is deleted in its entirety and replaced by the following:
THIS AGREEMENT is made and entered into as of the 1st day of
September, 1993, by and between TENNESSEE GAS PIPELINE COMPANY, a
Delaware corporation, hereinafter referred to as "Transporter" and
PIEDMONT NATURAL GAS COMPANY, INC., a North Carolina corporation,
hereinafter referred to as "Shipper." Transporter and Shipper shall
collectively be referred to as the "Parties."
ARTICLE I - DEFINITIONS, Section 1.1 is deleted in its entirety and replaced by
the following:
1.1 TRANSPORTATION QUANTITY - shall mean the maximum daily quantity of
gas which Transporter agrees to receive and transport on a firm
basis, subject to Article II herein, for the account of Shipper
hereunder on each day during each year during the term hereof
which shall be 74,100 dekatherms (Dth). Any limitations of the
quantities to be received from each Point of Receipt and/or
delivered to each Point of Delivery shall be as specified on
Exhibit A attached hereto.
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Piedmont Natural Gas Company, Inc.
Service Package No. 237
August 3, 1998
Page 2
ARTICLE XI - WARRANTIES, Section 11.2 is deleted in its entirety and replaced by
the following:
11.2 Transporter shall not be obligated to provide or continue
service hereunder in the event of any breach of warranty by
Shipper.
Article XII - Term, Section 12.1 is deleted in its entirety and replaced by the
following:
Pursuant to the terms of the 1997 Stipulation and Agreement in Docket
No. RP93-151, et al. ("Restructuring Cost Settlement") and Shipper's
election to extend its firm service Agreement referenced on Appendix F
to the Restructuring Cost Settlement, this Agreement shall be extended
in accordance with the provisions of Section 10.5 of Article III of
Transporter's General Terms and Conditions as OF NOVEMBER 1, 2000, and
shall remain in full force and effect until OCTOBER 31, 2004 ("Primary
Extended Term"). Upon written notice given no later than twelve months
before expiration of the Primary Extended Term, Shipper may elect to
terminate this Agreement or to extend the term of this Agreement for a
term of less than or equal to five years ("Secondary Extended Term")
and for any Transportation Quantity up to the maximum daily quantity
specified in Exhibit A hereto at the time of Shipper's election of the
Secondary Extended Term in accordance with the provisions of Section
10.5 of Article III of Transporter's General Terms and Conditions. In
the event Shipper fails to give written notice no later than twelve
months before expiration of the Primary Extended Term to terminate this
Agreement or to elect to extend the term of this Agreement for a term
of less than or equal to five years, then the Secondary Extended term
shall be for five years at the applicable maximum rates shown in the
summary of Rates and Charges in Transporter's effective FERC Gas Tariff
subject to the Rate Cap set forth in Article VIII of the Restructuring
Cost Settlement during the period that such Rate Cap is in effect. Upon
written notice given no later than twelve months before expiration of
the Secondary Extended Term, Shipper may elect to terminate this
Agreement or to extend the term of this Agreement. If Shipper elects to
extend this Agreement, the extension shall be governed by the
procedures set forth in Section 10.4 of Article III of Transporter's
General Terms and Conditions subject to Section 10.5 (d) and (e) of
Article III of Transporter's General Terms and Conditions. In the event
Shipper fails to give written notice no later than twelve months before
expiration of the Secondary Extended Term to either terminate this
Agreement or to elect to extend the term of this Agreement, then the
extension shall be governed by the procedures set forth in Section 10.4
of Article III of Transporter's General Terms and
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Piedmont Natural Gas Company, Inc.
Service Package No. 237
August 3, 1998
Page 3
Conditions subject to Section 10.5 (d) and (e) of Article III of
Transporter's General Terms and Conditions.
ARTICLE VIII - NOTICE, notices to Shipper shall be amended as follows:
"Director - Federal Regulatory and Supply Planning" shall be
substituted for "Xxxxx Xxxxx
"Director - Gas Accounting" shall be substituted for "Xxx Xxxxx"
Except as specifically amended hereby, all terms and provisions of the
Agreement shall remain in full force and effect as written.
If the foregoing is in accordance with your understanding of our
Agreement, please so indicate by signing and returning both originals of this
letter to my attention. Upon Tennessee's execution, an original will be
forwarded to PIEDMONT NATURAL GAS COMPANY, INC. for your files.
Should you have any questions, please do not hesitate to contact me at
(000) 000-0000.
Best regards,
TENNESSEE GAS PIPELINE COMPANY
/s/ Xxxxx X. Xxxxxxxxx
Xxxxx X. Xxxxxxxxx
Account Manager
ACCEPTED AND AGREED ACCEPTED AND AGREED
BY: /s/ X. X. XXXXXXXXX BY: /s/ X. X. XXXXXXX
---------------------------- -------------------------------
NAME: X. X. XXXXXXXXX NAME: X. X. XXXXXXX
--------------------------- ------------------------------
TITLE: DIRECTOR, MARKETING TITLE: VP GAS SERVICES
-------------------------- -----------------------------
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GAS TRANSPORTATION AGREEMENT
EXHIBIT "A"
AMENDMENT #343 TO GAS TRANSPORTATION AGREEMENT
DATED September 1, 0000
XXXXXXX
XXXXXXXXX GAS PIPELINE COMPANY
AND
PIEDMONT NATURAL GAS COMPANY INC
PIEDMONT NATURAL GAS COMPANY INC
EFFECTIVE DATE OF AMENDMENT: November 1, 2000
RATE SCHEDULE: FT-A
SERVICE PACKAGE: 237
SERVICE PACKAGE TQ: 74,100 Dth
METER METER NAME INTERCONNECT PARTY NAME COUNTY ST ZONE R/D LEG METER-TQ BILLABLE-TQ
-----------------------------------------------------------------------------------------------------------------------------------
001231 BRAZOS BLOCK 1338B TRANSCONTINENTAL GAS PIPE LINE OFFSHORE XXXXXX XX 00 R 100 5,132 5,132
001419 BRAZOS 105 TRANSCONTINENTAL GAS PIPE LINE XXXXXX-XXXXX XX 00 R 100 1,054 1,054
000000 XXXXX XXXX XXXXX 24 2 DEHYDRAT OCEAN ENERGY, INC. OFFSHORE-FEDERA OL 0L R 500 4,905 4,905
011119 CHEVRON-S XXXXX IS XXX 00 C CHEVRON USA INC. OFFSHORE-FEDERA OL 0L R 500 13,244 13,244
011752 XXXXXXXXXXX DEHYDRATION #1 SANTA FE ENERGY RESOURCES INC MONTGOMERY TX 00 R 100 714 714
011844 UMC-BRIDGELINE-WEST XXXXXXXX XX ENERGY RESOURCE TECHNOLOGY, IN OFFSHORE-FEDERA OL 0L R 800 5,000 5,000
011978 XXXXXXXX -XXXXXX FIELD-MELTON CROSSTEX ENERGY SERVICES, LTD. XXXXXXX TX 00 R 100 243 243
011989 CHEVRON-SOUTH XXXXX ISLAND 2 CHEVRON USA INC. OFFSHORE-FEDERA OL 0L R 800 6,321 6,321
012002 XXXXXXXX TRANSPORT (Bi 00000 XXX XXXXXXXX XX XXXXXXXXX XXXXX XX 0X R 800 5,000 5,000
012087 VASTAR - MIAMI CORP DEHYD VASTAR GAS MARKETING, INC. CAMERON LA 0L R 800 5,000 5,000
012088 VALERO - XXXXX XXXXXXX EXCHANG VALERO TRANSMISSION XX XXXXXXX TX 00 R 100 10,535 10,535
012123 VICTORIA - XXXX XXXXX FIELD CROSSTEX ENERGY SERVICES, LTD. XXXXXXX TX 00 R 100 1,458 1,458
012138 VICTORIA - TEXAS GARDENS DEHYD CROSSTEX ENERGY SERVICES, LTD. HIDALGO TX 00 R 100 486 486
012157 ASSOCIATED - XXXXXX #1 DEHYD ASSOCIATED NATURAL GAS INC XXXXXXX TX 00 R 100 972 972
012169 XXXXXXX - XXXXXX'X PRAIRIE DEH MARINER ENERGY, INC. MONTGOMERY TX 00 R 100 1,841 1,841
012292 XXXX - XXXXX-SOUTHTIMB. XXX 0 SHELL OFFSHORE INC OFFSHORE-FEDERA OL 0L R 500 5,095 5,095
012308 CHEVRON-S. TIMBALIER 23-CC CHEVRON USA INC. OFFSHORE-FEDERA OL 0L R 500 4,960 4,960
018055 XXXXXXXXXX 221 SHELL OFFSHORE INC OFFSHORE-FEDERA OL 0L R 800 2,140 2,140
Total Receipt TQ: 74,100 74,100
020312 NASHVILLE-NASHVILLE 2 TENN PIEDMONT NATURAL GAS COMPANY I XXXXXXXXX TN 01 D 500 74,100 74,100
020702 PETAL MISS STG TRANS (Bi 1-20 HATTIESBURG GAS STORAGE XXXXXX XXXXXXX MS 01 D 500 20,000 20,000
060020 TGP - PORTLAND STORAGE INJECTI TENNESSEE GAS PIPELINE COMPANY XXXXXX TN 01 D 100 23,827 23,827
NUMBER OF RECEIPT POINTS AFFECTED: 18
NUMBER OF DELIVERY POINTS AFFECTED: 4
NOTE: EXHIBIT "A" IS A REFLECTION OF THE CONTRACT AND ALL AMENDMENTS AS OF THE
AMENDMENT EFFECTIVE DATE.
