EXHIBIT 10(a)
Date: September 21, 1994 Contract No. 03050
ETS SERVICE AGREEMENT
This AGREEMENT is entered into by ANR Pipeline Company
(Transporter) and The Peoples Gas Light and Coke 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. 03050
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. 03050
SHIPPER:
The Peoples Gas Light and Coke Company (Shipper Name)\
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000 X. Xxxxxxxx Xxx., Xxxx 000 (Address)
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Xxxxxxx, XX 00000 (City, State, Zip)
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Attention: Xx. Xxxxxxx Xxxxxxxxxxx
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Telephone: (000) 000-0000
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Fax: (000) 000-0000
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INVOICES AND STATEMENTS:
The Peoples Gas Light and Coke Company (Shipper Name)
--------------------------------------
000 X. Xxxxxxxx Xxx., Xxxx 000 (Address)
------------------------------
Xxxxxxx, XX 00000 (City, State, Zip)
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Attention: Xx. Xxxxxxx Xxxxxxxxxxx
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Telephone: (000) 000-0000
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Fax: (000) 000-0000
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NOMINATIONS:
The Peoples Gas Light and Coke Company (Shipper Name)
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000 X. Xxxxxxxx Xxx., Xxxx 000 (Address)
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Xxxxxxx, XX 00000 (City, State, Zip)
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Attention: Xx. Xxxxx Xxxxxxx
-----------------
Telephone: (000) 000-0000
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Fax: (000) 000-0000
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Mechanical Dialing
Device No (s)-------------------------
Date: September 21, 1994 Contract No. 03050
ALL OTHER MATTERS:
The Peoples Gas Light and Coke Company (Shipper Name)
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000 X. Xxxxxxxx Xxx., Xxxx 000 (Address)
------------------------------
Xxxxxxx, XX 00000 (City, State, Zip)
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Attention: Xx. Xxxxxxx Xxxxxxxxxxx
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Telephone: (000) 000-0000
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Fax: (000) 000-0000
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8. FURTHER AGREEMENT
A. For transportation under ETS Agreement (No. 03050) and
storage under FSS Agreement (No. 34050), Shipper shall pay a
single rate covering both the transportation and storage services
not to exceed, for each 12 month period, $0.90 times 3.75 BCF for
years one and two (April 1, 1995 through March 31, 1997) and for
years three through five (April 1, 1997 through March 31, 2000) a
rate not to exceed, for each 12 month period, $1.05 times 3.75
BCF. The aforementioned rates are 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. 03050) and FSS
Agreement (No. 34050) will be adjusted to allow Shipper to
deliver and store sufficient fuel quantities to effectuate a 50
day storage withdrawal quantity of 75,000 dth at the specified
delivery points at no additional charge.
Date: September 21, 1994 Contract No. 03050
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 availability 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. 03050
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 capicity 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. 03050) and the following
agreements between Transporter and Shipper: FSS Agreement (No.
34050); 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. 03050
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.
The Peoples Gas
SHIPPER: Light and Coke Co. TRANSPORTER: ANR Pipeline Company
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxxxx Xxxxxxxxx
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Title: Vice President Title: Sr. Vice President
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Date: October 10, 1994 Date: October 6, 1994
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03050.ETS
PRIMARY XXXXX XXXXXXX Xxxxxxxx Xx. 00000
To Agreement Between Rate Schedule ETS
ANR Pipeline Company (Transporter) Contract Date: September 21, 1994
and The Peoples Gas Light and Coke Company (Shipper) Amendment Date:
Primary
Receipt/
Delivery Primary
Point Receipt Point MDQ
Number Name (Dth) Period
------ ---- ----- ------
SOUTH WOODSTOCK or 21,997 SUMMER
WEST JOLIET (by displacement)
ANR Storage facilities
ANR STORAGE FACILITIES 75,000 WINTER
PRIMARY RECEIPT POINT EXHIBIT Contract No. 03050
To Agreement Between Rate Schedule ETS
ANR Pipeline Company (Transporter) Contract Date: September 21, 1994
and The Peoples Gas Light and Coke Company (Shipper) Amendment Date:
Primary
Receipt/
Delivery Primary
Point Receipt Point MDQ
Number Name (Dth) Period
------- ---- ---- ------
ANR STORAGE FACILITIES 21,997 SUMMER
GROUP #1 75,000 WINTER
EAST JOLIET
XXXXX ROAD
PRIMARY DELIVERY POINT EXHIBIT Contract No. 03050
To Agreement Between Rate Schedule ETS
ANR Pipeline Company (Transporter) Contract Date: September 21, 1994
and The Peoples Gas Light and Coke Company (Shipper) Amendment Date:
Primary
Receipt/
Delivery Primary
Point Delivery Point MDQ
Number Name (Dth) Period
------ ---- ----- ------
SOUTH WOODSTOCK or 21,997 SUMMER
WEST JOLIET (by displacement) -
ANR STORAGE FACILITIES - 75,000 WINTER
GROUP #1
