1
Exhibit 10.54
August 3, 1998
Piedmont Natural Gas Company, Inc.
0000 Xxxxxxx Xxxxx
Xxxxxxxxx, XX 00000
ATTN: Xxx Xxxxxxxxx
RE: AMENDMENT NO. 2A PURSUANT TO
GAS STORAGE CONTRACT
DATED MAY 1, 1994
SERVICE PACKAGE NO. 6815
Dear Xx. Xxxxxxxxx:
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:
Article V - Term of Contract, 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, 2005 ("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 Storage 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
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Piedmont Natural Gas Company, Inc.
Service Package No. 6815
August 3, 1998
Page 2
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 Conditions subject to Section 10.5 (d)
and (e) of Article III of Transporter's General Terms and Conditions;
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
Article VI of the General Terms and Conditions of Transporter's FERC
Gas Tariff.
ARTICLE VI - NOTICES, notices to Shipper shall be amended as follows:
"Director - Federal Regulatory and Supply Planning" shall be
substituted for "X.X. Xxxxxxx"
"Director - Gas Accounting" shall be substituted for "X. X. Xxxxxxx"
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.
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Piedmont Natural Gas Company, Inc.
Service Package No. 6815
August 3, 1998
Page 2
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 STORAGE SERVICE AGREEMENT
EXHIBIT "A"
AMENDMENT #2A TO GAS STORAGE SERVICE AGREEMENT
DATED May 1, 1994
BETWEEN
TENNESSEE GAS PIPELINE COMPANY
AND
PIEDMONT NATURAL GAS COMPANY INC
PIEDMONT NATURAL GAS COMPANY INC
EFFECTIVE DATE OF AMENDMENT: November 1, 2000
RATE SCHEDULE: FS
SERVICE PACKAGE: 6815
SERVICE PACKAGE MSQ: 2,901,943
INJECTION QUANTITY: 19,347
WITHDRAWAL QUANTITY: 0
SERVICE POINT: Compressor Station 087 - PORTLAND Storage
METER METER NAME COUNTY ST ZONE I/W LEG BILLABLE-TQ TOTAL-TQ
--------------------------------------------------------------------------------------------------------------
060020 TGP - PORTLAND STORAGE INJECTION XXXXXX TN 01 I 100 19,347 19,347
Total Injection TQ: 19,347 19,347
070025 TGP - PORTLAND STORAGE W/DRAWAL - MA XXXXXX TN 01 W 100 50,798 50,798
Total Withdrawal TQ: 50,798 50,798
NUMBER OF INJECTION POINTS: 2
NUMBEROF WITHDRAWAL POINTS: 2
NOTE: EXHIBIT "A" IS A REFLECTION OF THE CONTRACT AND ALL AMENDMENTS AS OF THE
AMENDMENT EFFECTIVE DATE.
