SERVICE PACKAGE XX. 0000
XXXXXXXXX XX. 0
GAS STORAGE CONTRACT
(For Use Under Rate Schedule FS)
This Contract is made as of the 1st day of September 1993, by and between
TENNESSEE GAS PIPELINE COMPANY, a Delaware corporation herein called
"Transporter," and CONNECTICUT NATURAL GAS CORP a CONNECTICUT Corporation,
herein called "Shipper." Transporter and Shipper collectively shall be
referred to herein as the "Parties."
ARTICLE I - SCOPE OF CONTRACT
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 3,704 (Dth) and Maximum
Storage Quantity (MSQ) of 555,702 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 (MDWQ) of 6,174 Dth; provided however, that when Shipper's storage
balance is equal to or less than 30 percent of the MSQ but greater than 20
percent of the MSQ, the Maximum Daily Withdrawal Quantity shall be ____
Dth; and provided further, that when Shipper's storage balance is less than
or equal to 20 percent of the MSQ, the Maximum Daily Withdrawal Quantity
shall be _____ Dth. For demand charge purposes, the MDWQ for balance
greater than 30 percent of the MSQ shall be used.
ARTICLE II - SERVICE POINT
The point or points at which the gas is to be tendered for delivery by
Transporter to Shipper under this Contract shall be at the storage service
point at Transporter's Compressor Station 313 - NORTHERN Storage.
ARTICLE III - PRICE
3.1 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 FERC Gas Tariff as filed
with the Federal Energy Regulatory Commission.
3.2 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.
3.3 Shipper agrees that Transporter shall have the unilateral right to
SERVICE PACKAGE NO. 1623
AMENDMENT NO. 0
GAS STORAGE CONTRACT
(For Use Under Rate Schedule FS)
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.
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 CONTRACT
This Agreement shall be effective as of the 1st day of September 1993, and
shall remain in force and effect until 1st November, 2000 ("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 Primary Term is one year or more, then
unless Shipper elects upon one year's prior written notice to Transporter
to request a lesser extension term, the Agreement shall automatically
extend upon the expiration of the Primary Term for a term of five years;
and shall automatically extend for successive five year terms thereafter
unless Shipper provides notice described above in advance of the expiration
of a succeeding term; provided further, 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
2
SERVICE PACKAGE NO. 1623
AMENDMENT NO. 0
GAS STORAGE CONTRACT
(For Use Under Rate Schedule FS)
Article VI of the General Terms and Conditions of Transporter's FERC Gas
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, Xxxxx 00000-0000
Attention: Director of Transportation Control
SHIPPER:
NOTICES: CONNECTICUT NATURAL GAS CORP
000 XXXXXXXX XXXX
XXXXXXXX, XX 00000
Attention: XXXX X. XXXXXX
BILLING: CONNECTICUT NATURAL GAS CORP
000 XXXXXXXX XXXX
XXXXXXXX, XX 00000
Attention: XXXXX X. XXXXXXX
or to such other address as either Party shall designate by formal written
notice to the other.
ARTICLE VII - ASSIGNMENT
Any company which shall succeed by purchase, merger or consolidation to the
3
SERVICE PACKAGE NO. 1623
AMENDMENT NO. 0
GAS STORAGE CONTRACT
(For Use Under Rate Schedule FS)
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 Contract. Otherwise
no assignment of the Contract 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 CONTRACT 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 FERC Gas 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 Electronic Bulletin Board and Shipper has been notified through
the Electronic Bulletin Board of Transporter's agreement to such
change.
ARTICLE IX - PRIOR AGREEMENTS CANCELLED
Transporter and Shipper agree that this Contract, as of the date hereof,
shall supersede and cancel the following Contract(s) between the Parties
hereto:
Contract for Storage Service dated ____________, 19__.
4
SERVICE PACKAGE NO. 1623
AMENDMENT NO. 0
GAS STORAGE CONTRACT
(For Use Under Rate Schedule FS)
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed by their authorized agents.
TENNESSEE GAS PIPELINE COMPANY
BY:___________________________
Agent and Attorney-in-Fact
DATE:_________________________
CONNECTICUT NATURAL GAS CORP
BY ___________________________
TITLE ___________________________
5
GAS STORAGE SERVICE AGREEMENT
EXHIBIT "A"
TO FIRM GAS STORAGE SERVICE AGREEMENT
DATED September 1, 0000
XXXXXXX
XXXXXXXXX GAS PIPELINE COMPANY
AND
CONNECTICUT NATURAL GAS CORP
CONNECTICUT NATURAL GAS CORP
AMENDMENT: 0
SERVICE PACKAGE MSQ: 555,702
MAXIMUM DAILY WITHDRAWAL QUANTITY: 6,174
MAXIMUM DAILY INJECTION QUANTITY: 3,704
SERVICE POINT: Compressor Station 313 - NORTHERN Storage
INJECTION METER: 060018 TGP - NORTHERN STORAGE INJECTION
WITHDRAWAL METER: 070018 TGP - NORTHERN STORAGE WITHDRAWAL
METER METER NAME COUNTY ST ZONE I/W LEG TOTAL-TQ BILLABLE-TQ
-----------------------------------------------------------------------------------------------------------------
060018 TGP - NORTHERN STORAGE INJECTION POTTER PA 04 I 300 3,704 3,704
Total Injection TQ: 3,704 3,704
070018 TGP - NORTHERN STORAGE WITHDRAWAL POTTER PA 04 W 300 6,174 6,174
Total Withdrawal TQ: 6,174 6,174
NUMBER OF INJECTION POINTS AFFECTED: 2
6
SERVICE PACKAGE NO. 1623
AMENDMENT NO. 0
GAS STORAGE CONTRACT
(For Use Under Rate Schedule FS)
NUMBER OF WITHDRAWAL POINTS AFFECTED: 2
Note: Exhibit "A" is a reflection of the contract and all
amendments as of the amendment effective date.
7
