Contract No. 33161000
Firm Transportation Service Agreement
Rate Schedule TF-1
between
COLORADO INTERSTATE GAS COMPANY
and
PRIMERO GAS MARKETING COMPANY
Dated: AUGUST 22, 1997
FIRM TRANSPORTATION SERVICE AGREEMENT
RATE SCHEDULE TF-1
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The Parties identified below, in consideration of their mutual promises,
agree as follows:
1. TRANSPORTER: COLORADO INTERSTATE GAS COMPANY
2. SHIPPER: PRIMERO GAS MARKETING COMPANY
3. APPLICABLE TARIFF: Transporter's FERC Gas Tariff, First Revised Volume No.
1, as the same may be amended or superseded from time to time ("the
Tariff").
4. CHANGES IN RATES AND TENNS: Transporter shall have the right to propose to
the FERC changes in its rates and terms of service, and this Agreement
shall be deemed to include any changes which are made effective pursuant to
FERC Order or regulation or provisions of law, without prejudice to
Xxxxxxx's right to protest the same.
5. TRANSPORTATION SERVICE: Transportation Service at and between Primary
Point(s) of Receipt and Primary Point(s) of Delivery shall be on a firm
basis. Receipt and Delivery of quantities at Secondary Point(s) of Receipt
and/or Secondary Point(s) of Delivery shall be in accordance with the
Tariff.
6. POINTS OF RECEIPT AND DELIVERY: Xxxxxxx agrees to Tender gas for
Transportation Service, and Transporter agrees to accept Receipt Quantities
at the Primary Point(s) of Receipt identified in Exhibit "A." Transporter
agrees to provide Transportation Service and Deliver gas to Shipper (or for
Xxxxxxx's account) at the Primary Point(s) of Delivery identified in
Exhibit "A."
7. RATES AND SURCHARGES: As set forth in Exhibit "B."
8. MAXIMUM DELIVERY QUANTITY ("MDQ"): Campo Lateral In-Service Date("CLIS"):
0 to 5 months after CLIS - 25,000
6 to 12 months after CLIS - 30,000
12 to 17 months after CLIS - 35,000
18-plus months after CLIS - 41,000
9. TERM OF AGREEMENT: Beginning: In-service date of the Campo Lateral.
Ending: 15 years from the in-service date of the Campo
Lateral.
10. NOTICES, STATEMENTS, AND BILLS:
TO SHIPPER:
INVOICES FOR TRANSPORTATION: ALL NOTICES:
Primero Gas Marketing Company Primero Gas Marketing Company
0000 Xxxxxxx Xxxxxx 0000 Xxxxxxx Xxxxxx
Xxxxxx, XX 00000 Xxxxxx, XX 00000
Attention: Xxxx Xxxxxx Attention: Xxxx Xxxxxx
TO TRANSPORTER:
See Payments, Notices, Nominations, and Points of Contact sheets in
the Tariff.
11. SUPERSEDES AND CANCELS PRIOR AGREEMENT: None.
12. ADJUSTMENT TO RATE SCHEDULE TF-1 AND/OR GENERAL TERMS AND CONDITIONS: None.
13. INCORPORATION BY REFERENCE: This Agreement in all respects shall be subject
to the provisions of Rate Schedule TF-1 and to the applicable provisions of
the General Terms and Conditions of the Tariff as filed with, and made
effective by, the FERC as same may change from time to time (and as they
may be amended pursuant to Section 12 of the Agreement).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
TRANSPORTER: SHIPPER:
COLORADO INTERSTATE GAS COMPANY PRIMERO GAS MARKETING COMPANY
By /s/ Xxxxxx X. Xxxxx By
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Xxxxxx X. Xxxxx
Vice President
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[STAMP] (Print or type name)
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(Print or type title)
2
EXHIBIT "A"
Firm Transportation Service Agreement
between
COLORADO INTERSTATE GAS COMPANY
and
PRIMERO GAS MARKETING COMPANY
Dated: AUGUST 22, 1997
1. Xxxxxxx's Maximum Delivery Quantity ("MDQ"): SEE PARAGRAPH 8, MAXIMUM
DELIVERY QUANTITY.
PRIMARY POINT(S) OF
RECEIPT QUANTITY MAXIMUM RECEIPT
PRIMARY POINT(S) OF RECEIPT (DTH PER DAY) PRESSURE
(NOTE 1) (NOTE 2) P.S.I.G.
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Burro Canyon See Paragraph 8 Transporter's
MAOP
PRIMARY POINT(S) OF MAXIMUM DELIVERY
PRIMARY POINT(S) OF DELIVERY DELIVERY QUANTITY PRESSURE
(NOTE 1) (DTH PER DAY) P.S.I.G.
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Xxxxx See Paragraph 8 650
NOTES: (1) Information regarding Point(s) of Receipt and Point(s) of
Delivery, including legal descriptions, measuring parties, and
interconnecting parties, shall be posted on Transporter's
electronic bulletin board. Transporter shall update such
information from time to time to include additions, deletions, or
any other revisions deemed appropriate by Transporter.
(2) Each Point of Receipt Quantity may be increased by an amount
equal to Transporter's Fuel Reimbursement percentage. Shipper
shall be responsible for providing such Fuel Reimbursement at
each Point of Receipt on a pro rata basis based on the quantities
received on any Day at a Point of Receipt divided by the total
quantity Delivered at all Point(s) of Delivery under this
Transportation Service Agreement.
Page 1 of 2
EXHIBIT "B"
Firm Transportation Service Agreement
between
COLORADO INTERSTATE GAS COMPANY
and
PRIMERO GAS MARKETING COMPANY
Dated: AUGUST 22, 1997
PRIMARY PRIMARY R1
POINT(S) OF POINT(S) OF RESERVATION COMMODITY FUEL
RECEIPT DELIVERY RATE RATE TERM OF RATE REIMBURSEMENT SURCHARGES
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Xxxxx Xxxxx (Notes 1 (Note 1) 15 years (Note 2) (Note 3)
Canyon and 5) from in-
service
date of the
Campo
Lateral
SECONDARY SECONDARY R1
POINT(S) OF POINT(S) OF RESERVATION COMMODITY FUEL
RECEIPT DELIVERY RATE RATE TERM OF RATE REIMBURSEMENT SURCHARGES
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All All (Notes 4 (Note 4) 15 years (Note 2) (Note 3)
and 5) from in-
service date
of the
Campo
Lateral
NOTES: (1) The total rate for service payable by Shipper shall be $0.2877
per Dth when computed on a 100% load factor basis and is
exclusive of ACA, Fuel Reimbursement and other applicable
surcharges.
(2) Fuel Reimbursement shall be as stated on Transporter's Schedule
of Surcharges and Fees in the Tariff, as they may be changed from
time to time, unless otherwise agreed between the Parties.
Page 2 of 2
EXHIBIT "B"
NOTES: (3) Surcharges, If Applicable:
All applicable surcharges, unless otherwise specified, shall
be the maximum surcharge rate as stated in the Schedule of
Surcharges and Fees in The Tariff, as such surcharges may be
changed from time to time.
GQC:
The Gas Quality Control Surcharge shall be assessed pursuant
to Article 20 of the General Terms and Conditions as set forth
in The Tariff.
GRI:
The GRI Surcharge shall be assessed pursuant to Article 18 of
the General Terms and Conditions as set forth in The Tariff.
HFS:
The Hourly Flexibility Surcharge will be assessed pursuant to
Article 20 of the General Terms and Conditions set forth in
The Tariff.
ORDER NO. 636 TRANSITION COST MECHANISM:
Surcharge(s) shall be assessed pursuant to Article 21 of the
General Terms and Conditions as set forth in The Tariff.
ACA:
The ACA Surcharge shall be assessed pursuant to Article 19 of
the General Terms and Conditions as set forth in The Tariff.
(4) Unless otherwise agreed by the Parties in writing, the rates for
service hereunder shall be Transporter's maximum rates for
service under Rate Schedule TF-l or other superseding Rate
Schedules, as such rates may be changed from time to time.
(5) If Shipper releases any of its capacity (i.e., becomes a
Releasing Shipper under Transporter's Capacity Release Program)
and the Replacement Shipper is paying more than the Releasing
Shipper, Transporter shall be entitled to the difference, if any,
between the reservation charge(s), including all applicable
surcharges, being paid by the Replacement Shipper, and the
reservation charges, including all applicable surcharges, being
paid by the Releasing Shipper.
