DATE: SEPTEMBER 21, 1994 CONTRACT NO. 03200
ETS SERVICE AGREEMENT
THIS AGREEMENT is entered into by ANR PIPELINE COMPANY
(Transporter) and NORTH SHORE GAS COMPANY (SHIPPER)
WHEREAS, Shipper has requested Transporter to transport Gas on its behalf and
Transporter represents that it is willing to transport Gas under the terms and
conditions of this Agreement.
NOW, THEREFORE, Transporter and Shipper agree that the terms below, together
with the terms and conditions of Transporter's applicable Rate Schedule and
General Terms and Conditions of Transporter's FERC Gas Tariff constitute the
transportation service to be provided and the rights and obligations of Shipper
and Transporter.
1. AUTHORITY FOR TRANSPORTATION SERVICE:
284G - Blanket
2. RATE SCHEDULE: FIRM TRANSPORTATION SERVICE (ETS)
3. CONTRACT QUANTITIES:
Receipt Points - see Exhibit attached hereto.
Delivery Points - see Exhibit attached hereto.
Primary Routes - see Exhibit attached hereto.
Such Contract Quantities shall be reduced for scheduling purposes, but not
for billing purposes, by the Contract Quantities that Shipper has released
through Transporter's capacity release program for the period of any release.
4. TERM OF AGREEMENT:
04/01/1995 to
03/31/2000
DATE: SEPTEMBER 21, 1994 CONTRACT NO. 03200
5. RATES:
Maximum rates, charges, and fees shall be applicable for the entitlements
and quantities delivered pursuant to this Agreement unless Transporter has
advised Shipper in writing or by ANR Xpedite that it has agreed otherwise.
It is further agreed that Transporter may seek authorization from the
Commission and/or other appropriate body at any time and from time to time to
change any rates, charges or other provisions in the applicable Rate Schedule
and General Terms and Conditions of Transporter's FERC Gas Tariff, and
Transporter shall have the right to place such changes in effect in accordance
with the Natural Gas Act. This Agreement shall be deemed to include such
changes and any changes which become effective by operation of law and
Commission order. Nothing contained herein shall be construed to deny Shipper
any rights it may have under the Natural Gas Act, including the right to
participate fully in rate or other proceedings by intervention or otherwise to
contest increased rates in whole or in part.
6. INCORPORATION BY REFERENCE
The provisions of Transporter's applicable Rate Schedule and the General
Terms and Conditions of Transporter's FERC Gas Tariff are specifically
incorporated herein by reference and made a part hereof.
7. NOTICES:
All notices can be given by telephone or other electronic means, however,
such notice shall be confirmed in writing at the addresses below or through ANR
Xpedite. Shipper or Transporter may change the addresses below by written
notice to the other without the necessity of amending this agreement:
TRANSPORTER:
ANR PIPELINE COMPANY
000 Xxxxxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxxx 00000
Attentions: Gas Control (Nominations)
Volume Management (Statements)
Cash Control (Payments)
Customer Services and Business Administration
(All Other Matters)
DATE: SEPTEMBER 21, 1994 CONTRACT NO. 03200
SHIPPER:
North Shore Gas Company (Shipper Name)
000 X. Xxxxxxxx Xxx., Xxxxx 000 (Address)
Chicago, IL 60603 (City, State, Zip)
Attention: Xx. Xxxxxxx Xxxxxxxxxxx
Telephone: (000) 000-0000
Fax: (000) 000-0000
INVOICES AND STATEMENTS:
North Shore Gas Company (Shipper Name)
000 X. Xxxxxxxx Xxx., Xxxxx 000 (Address)
Chicago, IL 60603 (City, State, Zip)
Attention: Xx. Xxxxxxx Xxxxxxxxxxx
Telephone: (000) 000-0000
Fax: (000) 000-0000
NOMINATIONS:
North Shore Gas Company (Shipper Name)
000 X. Xxxxxxxx Xxx., Xxxxx 000 (Address)
Chicago, IL 60603 (City, State, Zip)
Attention: Xx. Xxxxx Xxxxxxx
Telephone: (000) 000-0000
Fax: (000) 000-0000
Mechanical Dialing
Device No (s)
--------------------
DATE: SEPTEMBER 21, 1994 CONTRACT NO. 03200
ALL OTHER MATTERS:
North Shore Gas Company (Shipper Name)
000 X. Xxxxxxxx Xxx., Xxxxx 000 (Address)
Chicago, IL 60603 (City, State, Zip)
Attention: Xx. Xxxxxxx Xxxxxxxxxxx
Telephone: (000) 000-0000
Fax: (000) 000-0000
8. FURTHER AGREEMENT
A. For transportation under ETS Agreement (No. 03200) and storage under
FSS Agreement (No. 34150), Shipper shall pay a single rate covering both
transportation and storage services not to exceed $1.25 times 6.25 BCF. This
rate is inclusive of Volumetric Buyout/Buydown, Dakota and Transition Costs. In
addition, Shipper will be charged ACA, applicable GRI, fuel and any other
related fees or surcharges.
B. For billing purposes, Transporter has discretion in determining the
portion of the rate to be assigned to transportation and/or storage as well as
the portion of the rate to be assigned to Reservation and/or Commodity.
C. From time to time dependent upon Transporter's use percents, the MDQ's
and MSQ under ETS Agreement (No. 03200) and FSS Agreement (No. 34150) will be
adjusted to allow Shipper to deliver and store sufficient fuel quantities to
effectuate a 50 day storage withdrawal quantity of 125,000 dth at the specified
delivery points at no additional charge.
DATE: SEPTEMBER 21, 1994 CONTRACT NO. 03200
D. Shipper can use the unused portion of its Primary Route MDQ on a Secondary
basis at the following receipt points at no additional charge:
1. Joliet (NGPL)
2. Defiance (PEPL)
3. Joliet (Midwestern)
4. Shorewood (NIGAS) - (by displacement)
5. Kalkaska or Xxxxxxx (Mich Con)
6. East Joliet (PGL&C) - (by displacement)
7. Elkhart (Trunkline)
8. Crystal Falls (GLGT)
E. Shipper and Transporter agree that the rates stated herein shall be
confidential and shall be maintained confidentially by Shipper and Transporter.
Shipper or Transporter may disclose such rates only if such disclosure is
required by law and Shipper or Transporter requests confidential or privileged
treatment under applicable statutes, rules and regulations, and provides
reasonable notice to the other party prior to such disclosure. Any unauthorized
disclosure by Shipper of the rates stated herein shall have the effect of
terminating from the date the discounted rate is disclosed any rate discounts
reflected herein such that, for the remaining term of this Agreement, Shipper
shall be required to pay Transporter the maximum applicable rate for service, as
well as all other charges, surcharges or direct xxxx applicable to such service.
F. Except as provided above, all quantities associated with Secondary Receipt
Points, Secondary Delivery Points and Secondary Routes under this Agreement will
be at Maximum Tariff Rates plus all other related fees, surcharges and fuel.
G. This Agreement may be assigned to an affiliate of Shipper subject to the
satisfaction of Transporter's credit requirements.
H. In addition, upon ninety (90) days prior notice, before each contract year
commences, Shipper may renominate the Maximum Storage Quantity and the Maximum
Withdrawal Transport volume subject to the availablity of capacity on
Transporter's Pipeline and a mutually acceptable rate, provided that the
revenues from the renominated service are equal to or greater than the revenues
that Transporter would have otherwise received if the service had not changed
from the previous contract year.
DATE: SEPTEMBER 21, 1994 CONTRACT NO. 03200
I. Shipper agrees to waive its rights to release the capacity underlying this
Agreement.
J. Consistent with provisions of its Tariff, Transporter is willing to
contract on Shipper's behalf for capacity required on third party transporters,
or for other services to effectuate Shipper's receipt of gas on third party
facilities and delivery of gas to Transporter's facilities.
Shipper must advise Transporter prior to commencement of such third party
transportation of its desire to have Transporter act in such a capacity. Unless
and until notified otherwise, however, if Shipper submits a nomination to
Transporter for the transportation of gas from HIOS points of receipt, Shipper
understands and agrees that such nomination shall constitute Shipper's request
for Transporter to act in such capacity.
Shipper agrees to pay all charges related to such third party
transportation arrangements pursuant to Transporter's Tariff.
K. To the extent Shipper desires to utilize receipt/delivery points pursuant
to Part 284 B (Section 311 of the NGPA and Section 284.102 of the Commission's
regulations), Shipper must execute a separate agreement with Transporter and
Shipper must also certify that the transportation of gas will be on behalf of
either an "intrastate pipeline" or a "local distribution company."
L. The complete agreement between Transporter and Shipper shall consist of
this ETS Agreement (No. 03200) and the following agreements between Transporter
and Shipper: FSS Agreement (No. 34150); September 28, 1994 Letter of Intent;
and September 28, 1994 Operating Agreement.
9. OPERATIONAL FLOW ORDERS
Shipper hereby guarantees to Transporter that each contract it has entered
into in connection with the Gas to be transported under this Agreement contains
a provision that permits Transporter to issue an effective Operational Flow
Order pursuant to Section 8 of the General Terms and Conditions. Shipper shall
also guarantee for any supply contract for Gas that is transported via Viking
Gas Transmission Company, that Transporter shall be designated a third party
beneficiary.
DATE: SEPTEMBER 21, 1994 CONTRACT NO. 03200
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
by their respective Officers or Representatives thereunto duly authorized to be
effective as of the date stated above.
NORTH SHORE
SHIPPER: GAS COMPANY TRANSPORTER: ANR PIPELINE COMPANY
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxxxx Xxxxxxxxx
---------------------- ----------------------
Title: Vice President Title: Sr. Vice President
-------------- ------------------
Date: October 10, 1994 Date: October 6, 1994
---------------- ---------------
03200.ets
PRIMARY RECEIPT POINT EXHIBIT Contract No. 03200
To Agreement Between Rate Schedule ETS
ANR Pipeline Company (Transporter) Contract Date: September 21, 1994
and North Shore Gas Company Shipper) Amendment Date:
Primary
Receipt Primary
Point Receipt Point MDQ
Number Name (Dth) Period
------ ---- ----- ------
SOUTH WOODSTOCK or 36,661 SUMMER
WEST JOLIET (by displacement)
ANR STORAGE FACILITIES 125,000 WINTER
PRIMARY DELIVERY POINT EXHIBIT Contract No. 03200
To Agreement Between Rate Schedule ETS
ANR Pipeline Company (Transporter) Contract Date: September 21, 1994
and North Shore Gas Company (Shipper) Amendment Date:
Primary
Delivery Primary
Point Delivery Point MDQ
Number Name (Dth) Period
------ ---- ----- ------
ANR STORAGE FACILITIES 36,661 SUMMER
Group #1 125,000 WINTER
EAST JOLIET
XXXXX ROAD
PRIMARY ROUTE EXHIBIT Contract No. 03200
To Agreement Between Rate Schedule ETS
ANR Pipeline Company (Transporter) Contract Date: September 21, 1994
and North Shore Gas Company (Shipper) Amendment Date:
Primary
Receipt/
Delivery Primary
Point Receipt Point MDQ
Number Name (Dth) Period
------ ---- ----- ------
SOUTH WOODSTOCK or 36,661 SUMMER
WEST JOLIET (by displacement)-
ANR STORAGE FACILITES
ANR STORAGE FACILITIES- 125,000 WINTER
GROUP #1
