AMENDMENT 5/1/95
TO
SERVICE AGREEMENT
(EFT Service)
AGREEMENT made as of May 1, 1995, by and between NATIONAL FUEL GAS
SUPPLY CORPORATION, a Pennsylvania corporation, hereinafter called "Transporter"
and NATIONAL FUEL GAS DISTRIBUTION CORPORATION, hereinafter called "Shipper."
WHEREAS, Transporter and Shipper are parties to a Service Agreement
(EFT Service) dated August 1, 1993 (the "Agreement"); and
WHEREAS, Transporter's effective FERC Gas Tariff provides that Shipper
may request changes in the Primary Receipt Points under the Agreement, which
changes shall be accomplished by amendment of the Agreement; and
WHEREAS, Article II of the Agreement provides that Shipper shall pay
Transporter the maximum rate provided under Rate Schedule EFT set forth in
Transporter's effective FERC Gas Tariff, unless otherwise agreed in a written
amendment to the Agreement; and
WHEREAS, Transporter offered to its qualifying shippers a discounted
rate for the quantity of gas which a shipper requested, within a window period
which expired December 13, 1994, to allocate to the interconnection between the
facilities of Transporter and the facilities of Empire State Pipeline at Grand
Island, New York ("Grand Island") as a primary receipt point; and
WHEREAS, Shipper within the window period accepted Transporter's offer
to discount for a Maximum Daily Transportation Quantity under the Agreement
("MDTQ") of 12,812 Dth/day (the "Grand Island Quantity", subject to reduction as
described in Section 2 below); and
WHEREAS, Shipper and Transporter desire to amend the Agreement to
provide for a different rate and different Primary Receipt Points as set forth
below;
WITNESSETH: That, in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
1. The first three pages of Appendix A to the Agreement, which identify
some of Shipper's Primary Receipt Points, are hereby deleted and
replaced by the three pages contained in the attached Appendix A.
2. As of May 1, 1995, the discount described below (the "Discount") shall
be effective. To the extent Shipper thereafter requests and receives a
reduction of the portion of his MDTQ which is attributed to Grand
Island as the primary receipt point, the Grand Island Quantity shall be
reduced accordingly.
3. The Discount shall consist of :
(a) first, to the extent permitted by then-current FERC order, a
discount of any applicable Gas Research Institute surcharges;
and then
(b) second, the reduction of Shipper's Reservation Charge (which
is a charge per month per Dth of MDTQ), such that the total
amount of the Discount shall be one dollar and sixty-seven
cents ($1.67) per month per Dth times the Grand Island
Quantity.
(c) The Discount shall consist of a reduction of the
then-currently effective rate which would, absent the
Discount, be charged to Shipper. If, for a month Shipper is
charged a motioned-in rate subject to refund, Shipper shall
thereafter receive a refund which takes into account the
amount Shipper actually paid for that month, to place Shipper
in the same position he would have been by computing the
Discount with respect to the finally approved rate.
(d) Transporter and Shipper agree not to seek before the FERC any
change to the methodology for (i) calculating the rate
applicable to quantities subject to the Discount (the
"Discounted Rate") or (ii) allocating costs or imputing
revenues to the service which is subject to the Discounted
Rate (the "Discounted Service"), including the allocation of
additional system costs to said rate and/or service. If FERC
imputes different revenues and/or allocates different costs to
the Discounted Service in future rate proceedings, the amount
of the Discount shall be subject to decrease on a prospective
basis from the date of the FERC order to fully reflect such
changes. If any such rate proceeding results in a settlement
which does not identify the applicable costs and revenues for
the Discounted Service, but if the written litigation position
of the FERC Staff does expressly identify such costs and
revenues, such litigation position shall be the basis for the
adjustment.
4. The Discount shall begin on May 1, 1995, and shall continue in effect
so long as the Grand Island Quantity remains more than zero, but for no
longer than the earlier to occur of:
(a) the effective date of termination of the Agreement (for this
purpose the Agreement shall not be considered as effectively
terminated if it is renewed or rolled over into another
service agreement); or
(b) October 31, 2014.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
signed by their duly authorized personnel and attested by their respective
Secretaries or Assistant Secretaries, as of the day and year first above
written.
NATIONAL FUEL GAS SUPPLY CORPORATION
Transporter
Attest:
By /s/ Xxxxxxx Xxxx
--------------------- ------------------------------
Secretary President
(Corporate Seal)
NATIONAL FUEL GAS DISTRIBUTION CORPORATION
Shipper
Attest:
By /s/ Xxxxxx X. Xxxxxxxx
--------------------- -----------------------------
Secretary President
(Corporate Seal)
APPENDIX A
Replacement Pages to Exhibit A
National Fuel Gas Supply Corporation Pipeline Receipt Points
Available to National Fuel Gas Distribution Corporation
Line
Meter Name Meter Number Designation Township County State
Columbia Gas Transmission Corporation
Ellwood City 000000 X Xxxxxxxx Xxxxxx XX
First Fork 632291 YM7 Grove Cameron PA
Smethport 630202 D-6 Smethport XxXxxx PA
Sugar Grove 617733 R,U Franklin Warren PA
Xxxx 622885 XX Xxxx Allegany NY
Waterford 620549 Q Waterford Erie PA
Wellsville Domestic Accounts 606000 Various Domestic Customers Wellsville Allegany NY
CNG Transmission Corporation
Allegany Domestic Accounts Q38000 Various Domestic Customers Amity Allegany NY
Allegheny National Forest 51051 L Spring Creek Elk PA
Belmont 60185 6" Amity Allegany NY
Caledonia 00000 X/XX0 Xxxxxxxxx Xxxxxxxxxx XX
Consolidated ( Xxxxxx ) 0000 XX000 Xxxxxx Xxx XX
Xxxxxxx 60178 63 Wellsville Allegany NY
East Emporium 601040 FM100 Xxxxxxx Potter PA
Ellisburg Station 60288 YM54 Allegany Potter PA
Ellisburg Storage NFSTG Storage Allegany Potter PA
Xxxxxxxx 51052 C Limestone Clarion PA
Johnsonburg 60047 3" Xxxxxxx Wyoming NY
Porterville 00000 Xxxxxxxxxxx Xxxxxxx Xxxx Xxxx XX
Reef Well 602220 4" Xxxxxxx Xxxxxxx XX
Xxxxxxx 00000 X,X,X Genesee Allegany NY
Xxxxxx Xxxxxxx 00000 8" Genesee Falls Xxxxxxx XX
Xxxx Xxxxxxxxxx 00000 67 Wellsville Allegany NY
Wyoming 60050 V Perry Wyoming NY
Tennessee Gas Pipeline Corporation
Zone 5 points
Xxxxxxxx 0-0000 XX-0 Xxxxxxxx Xxxx XX
Colden Storage 6-0003 T Eden Erie NY
East Aurora 2-0077 X Wales Erie NY
Hamburg(E.Eden) 2-0076 T,X Eden Erie NY
Lewiston 2-0092 8" Lewiston Niagara NY
Mayville 2-0088 6" Chautauqua Chautauqua NY
Nashville Storage 2-0243 RM-32 Hanover Chautauqua NY
Pekin 0-0000 X Xxxxxxxx Xxxxxxx XX
Sherman 2-0428 4" Sherman Chautauqua NY
Zone 4 points
Cochranton 2-0314 S-M2 E. Fairfield Xxxxxxxx PA
Coudersport 2-0074 Y-M2 Hebron Potter PA
Cranberry Sales 2-0703 H Cranberry Venango PA
Hebron Storage 6-0001 Storage Hebron Potter PA
Xxxxxx 2-0072 K Highland Elk PA
Mercer 2-0069 N-M44 Xxxxxxxxx Xxxxxx PA
Xxxxxx 2-0071 H-M2 Xxxxx Xxxxxxxx PA
Rose Lake 2-0527 Y-M2 Allegany Potter PA
Xxxxxx City 0-0000 X Xxxxxxxx Xxx XX
Xxxxxx 2-0496 N-M51 Xxxxxxx Xxxxxxxx PA
Townville 2-0390 4" Townville Xxxxxxxx PA
Xxxxx Xxxx 0-0000 X Xxxxx Erie PA
Wattsburg 2-0075 X-00 Xxxxx Xxxx XX
Xxxx Xxxxxx, XX ( Enserch )
East Aurora 2-0077 X Wales Erie NY
Rate Schedule T - 1
Zone 5 points
Xxxxxxxx 0-0000 XX-0 Xxxxxxxx Xxxx XX
Colden Storage 6-0003 T Eden Erie NY
East Aurora 2-0077 X Wales Erie NY
Hamburg(E.Eden) 2-0076 T,X Eden Erie NY
Zone 4 points
Coudersport 2-0074 Y-M2 Hebron Potter PA
Cranberry Sales 2-0703 H Xxxxxxxxx Xxxxxxx XX
Xxxxxx 0-0000 K Highland Elk PA
Mercer 2-0069 N-M44 Xxxxxxxxx Xxxxxx PA
Xxxxxx 2-0071 H-M2 Xxxxx Xxxxxxxx PA
Wattsburg 2-0075 D-20 Xxxxx Erie PA
Texas Eastern Transmission Corporation
Bristoria 00000 X Xxxx Xxxx Xxxxxx XX
Empire State Pipeline
Grand Island 012003010 SUPPLY Grand Island Erie NY
Transcontinental Gas Pipeline Corporation
Xxxxxxx 6172 XX0 Xxxxxxx Potter PA
Receipt Entitlements
National Fuel Gas Distribution Corporation
------------------------------------------
( all Quantities in Dth )
Upstream Receipts
Empire State Pipeline 40,122
CNG Transmission Corp. 150,107
Columbia Gas Transmission Corp. 26,165
Texas Eastern Transmission Corp. 72,652
TGP East Aurora, NY 16,300
Xxxx 0 Xxxxxx 000,000
Xxxx 0 Xxxxxx 82,119
Rate Schedule T-1 Points 30,750
Transcontinental Gas Pipe Line Corp. 26,332
Total Upstream Receipts 603,359
Appalachian Production
New York Production
Central 941
Lakeshore 297
Northern 297
PY3 644
Southeast 340
Pennsylvania Production
Lines L & D 11736
Line Q Xxxx-Xxxxxxxxx 000
Xxxxxxx 000
Xxxxxx 0000
Line Q Forest 594
Hebron 248
Elk County 1685
Eldred 0000
Xxxxx X & X 00000
Xxxxx Xxx 2078
Xxxxxx-Xxxxxx 346
---
Total Appalachian Production 46,658
Deliveries from Storage 511,633
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Total Receipt Entitlements 1,161,650
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