RATE SCHEDULE EFT ENHANCED FIRM TRANSPORTATION SERVICE FORM OF SERVICE AGREEMENT CONTRACT NO. 017633
EXHIBIT 10(d)
RATE SCHEDULE EFT
ENHANCED FIRM TRANSPORTATION SERVICE
FORM OF SERVICE AGREEMENT
CONTRACT NO. 017633
THIS AGREEMENT is made effective as of the 1 day of December, 2003 , by and between:
CMS TRUNKLINE GAS COMPANY, LLC, (hereinafter called "Trunkline"), a Delaware Corporation,
and
PEOPLES GAS LIGHT AND COKE COMPANY (THE)
(hereinafter called "Shipper").
Shipper represents and warrants that Shipper conforms to the requirements of 18 C.F.R.
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Section 284.102 |
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(284B - Intrastate Pipelines or |
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Section 284.222 |
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(284G - Interstate Pipelines |
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Section 284.223 |
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(284G - Others) |
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In consideration of the mutual covenants and agreements as herein set forth, both Trunkline and Shipper covenant and agree as follows:
ARTICLE 1 - SERVICE
Trunkline agrees to receive at the Points of Receipt and deliver at the Points of Delivery, on a firm basis, Quantities of Natural Gas up to the following daily Quantity (Dt), which shall constitute the Maximum Daily Quantity:
45,000 (Dt).
The Maximum Daily Quantity is stated in delivered Quantities, for which received Quantities must be adjusted for fuel usage and lost or unaccounted for Gas as set out in the then-effective, applicable rates and charges under Trunkline's Rate Schedule EFT.
RATE SCHEDULE EFT (Continued)
ENHANCED FIRM TRANSPORTATION SERVICE
FORM OF SERVICE AGREEMENT
Exhibit A hereto states the Points of Receipt and Points of Delivery. Exhibit A may be revised from time to time by written agreement between Trunkline and Shipper and, as may be revised, is by this reference incorporated in its entirety into this Agreement and made an integral part hereof. Shipper's Maximum Daily Quantity shall be assigned among the primary Points of Receipt set out on Exhibit A, as well as among the primary Points of Delivery set out on Exhibit A. Such assignment may be changed, subject to the availability of capacity, in accordance with the General Terms and Conditions.
ARTICLE 2 - TERM
This Agreement shall be effective from the date first stated above. Trunkline shall provide firm Transportation service for Shipper pursuant to this Agreement from 1st day of December, 2003 until 30th day of April, 2004, when this Agreement shall expire.
ARTICLE 3 - RATES AND CHARGES
For the services provided or contracted for hereunder, Shipper agrees to pay Trunkline the then-effective, applicable rates and charges under Trunkline's Rate Schedule EFT filed with the Commission, as such rates and charges and Rate Schedule EFT may hereafter be modified, supplemented, superseded, or replaced generally or as to the service hereunder. Trunkline reserves the right from time to time to unilaterally file and to make effective any such changes in the terms or rate levels under Rate Schedule EFT and the applicability thereof, the General Terms and Conditions or any other provisions of Trunkline's Tariff, subject to the applicable provisions of the Natural Gas Act and the Commission's Regulations thereunder.
From time to time Shipper and Trunkline may agree in writing on a level of discount of the otherwise applicable rates and charges hereunder pursuant to the effective applicable provisions of Rate Schedule EFT and subject to the Regulations and Orders of the Commission. For example, Shipper and Trunkline may agree that a specified discounted rate shall apply: (a) only to certain Quantities under this Agreement; (b) only if specified Quantity levels are actually achieved or only with respect to Quantities below a specified level; (c) only during specified time periods; (d) only to specified Points of Receipt, Points of Delivery, mainline segments, transportation paths or defined geographical areas; or (e) in a specified relationship to the Quantities actually transported (i.e., that the rates shall be adjusted in a specified relationship to Quantities actually transported); provided, however, that any such discounted rate set forth above shall be between the Maximum Rate and Minimum Rate applicable to the service provided under this Agreement. Any discount shall be effective only on a prospective basis and as specified in the written agreement between Trunkline and Shipper.
RATE SCHEDULE EFT (Continued)
ENHANCED FIRM TRANSPORTATION SERVICE
FORM OF SERVICE AGREEMENT
From time to time shipper and Trunkline may agree to a Negotiated Rate for a specified term for service hereunder. Provisions governing such Negotiated Rate and term shall be set forth on Exhibit C to this Service Agreement.
ARTICLE 4 - FUEL REIMBURSEMENT
In addition to collection of the rates and charges provided for in Article 3, Trunkline shall retain, as Fuel Reimbursement, the percentage of the Quantities received from Shipper hereunder, as provided pursuant to Rate Schedule EFT.
ARTICLE 5 - GENERAL TERMS AND CONDITIONS
This Agreement and all terms for service hereunder are subject to the further provisions of Rate Schedule EFT and the General Terms and Conditions of Trunkline's Tariff, as such may be modified, supplemented, superseded or replaced generally or as to the service hereunder. Trunkline reserves the right from time to time to unilaterally file and to make effective any such changes in the provisions of Rate Schedule EFT and the General Terms and Conditions, subject to the applicable provisions of the Natural Gas Act and the Commission's Regulations thereunder. Such Rate Schedule and General Terms and Conditions, as may be changed from time to time, are by this reference incorporated in their entirety into this Agreement and made an integral part hereof.
ARTICLE 6 - CANCELLATION OF PREVIOUS CONTRACTS
This Agreement supersedes, cancels, and terminates, as of the date(s) stated below, the following Agreement(s) (if any) with respect to the Transportation of Natural Gas between Trunkline and Shipper:
RATE SCHEDULE EFT (Continued)
ENHANCED FIRM TRANSPORTATION SERVICE
FORM OF SERVICE AGREEMENT
ARTICLE 7 - NOTICES
The Post Office addresses of both Trunkline and Shipper are as follows:
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TRUNKLINE |
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Payment: |
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CMS Trunkline Gas Company, LLC |
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P. O. Box 201203 |
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Houston, Texas 77216-1203 |
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Nomination and |
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CMS Trunkline Gas Company, LLC |
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Scheduling: |
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Attn: Marketing Operations |
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P. O. Xxx 0000 |
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Xxxxxxx, Xxxxx 00000-0000 |
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BUSINESS DAY, OR SATURDAY AND |
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SUNDAY 10 a.m. - 2 p.m. CT |
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Phone: (000) 000-0000 |
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Fax: (000) 000-0000 |
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ALL OTHER HOURS |
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Attn: Gas Control Operations |
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Phone: (000) 000-0000 |
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Pipeline Emergencies: |
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CMS Trunkline Gas Company, LLC |
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(Not to be used for |
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Attn: Gas Control |
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any other purpose) |
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P. O. Xxx 0000 |
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Xxxxxxx, Xxxxx 00000-0000 |
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Phone: (000) 000-0000 |
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Toll Free: 1-800-225-3913 |
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Texas only: 0-000-000-0000 |
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All Other: |
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CMS Trunkline Gas Company, LLC |
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Attn: Customer Services |
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P. O. Xxx 0000 |
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Xxxxxxx, Xxxxx 00000-0000 |
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Phone: (000) 000-0000 or |
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0-000-000-0000 |
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Fax: (000) 000-0000 |
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RATE SCHEDULE EFT (Continued)
ENHANCED FIRM TRANSPORTATION SERVICE
FORM OF SERVICE AGREEMENT
SHIPPER
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Billing: |
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PEOPLES GAS LIGHT AND COKE COMPANY (THE) |
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000 X XXXXXXXX XX, 00XX XXXXX |
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XXXXXXX, XX 00000 |
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Attn: Xxx Xxxxx |
000-000-0000 |
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Nomination and |
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Scheduling: (1) |
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PEOPLES GAS LIGHT AND COKE COMPANY (THE) |
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GAS SUPPLY ADMINISTRATION |
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000 X XXXXXXXX XXX, 00xx XXXXX |
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XXXXXXX, XX |
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Attn: XXXX WEAR |
000-000-0000 |
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All Other: |
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PEOPLES GAS LIGHT AND COKE COMPANY (THE) |
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000 X XXXXXXXX XXX., 00XX XXXXX |
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XXXXXXX, XX |
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Attn: Xxxxxx Xxxxxx |
000-000-0000 |
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(1) Please provide street address in addition to mailing address.
RATE SCHEDULE EFT (Continued)
ENHANCED FIRM TRANSPORTATION SERVICE
FORM OF SERVICE AGREEMENT
IN WITNESS WHEREOF, both Trunkline and Shipper have caused this Agreement to be executed in several counterparts by their respective officers or other persons duly authorized to do so.
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PEOPLES GAS LIGHT AND COKE COMPANY (THE) |
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By |
/s/ Xxxxxxx X. Xxxxxx |
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Xxxxxxx X. Xxxxxx |
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(Please type or print name) |
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Title |
Executive Vice President |
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Executed |
March 27, 2003 |
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(Date) |
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CMS TRUNKLINE GAS COMPANY, LLC |
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By |
/s/ Xxxxxx X. Xxxx |
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Xxxxxx X. Xxxx |
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(Please type or print name) |
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Title |
Vice President |
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Executed |
12-1-03 |
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(Date) |
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RATE SCHEDULE EFT (Continued)
FIRM TRANSPORTATION SERVICE
EXHIBIT A
Transportation Agreement
Between
CMS TRUNKLINE GAS COMPANY, LLC
For
Firm Service
Under Rate Schedule EFT
and
PEOPLES GAS LIGHT AND COKE COMPANY (THE)
Contract No. 017633
Maximum Daily Contract Quantities (Dt./Day):
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Effective from |
12/01/2003 |
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03/31/2004: |
45,000 Dt./Day |
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Effective from |
04/01/2004 |
through |
04/30/2004: |
30,000 Dt./Day |
RATE SCHEDULE EFT (Continued)
FIRM TRANSPORTATION SERVICE
EXHIBIT A
Transportation Agreement
For
Firm Service
Under Rate Schedule EFT
Primary Point(s) of Delivery
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Meter |
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Delivered To |
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Location |
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MDDO |
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Effective from: 12/01/2003 Through: 03/31/2004 |
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1 |
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CHAMPAIGN TRANSPOR |
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09 21N 07E |
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XXXXXX |
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XX |
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00000 |
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45,000 |
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Effective from: 04/01/2004 Through: 04/30/2004 |
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2 |
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CHAMPAIGN TRANSPOR |
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09 21N 07E |
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XXXXXX |
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XX |
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00000 |
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30,000 |
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Description of Facilities
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Atmos. |
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Existing/ |
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Pres. |
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No. |
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Proposed |
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Operated and Maintained by |
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(Psia) |
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Effective from: 12/01/2003 Through: 03/31/2004 |
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1 |
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EXISTING |
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Z-2 |
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CMS TRUNKLINE GAS COMPANY, LLC |
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14.7 |
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Effective from: 04/01/2004 Through: 04/30/2004 |
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EXISTING |
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Z-2 |
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CMS TRUNKLINE GAS COMPANY, LLC |
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14.7 |
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Secondary Points of Delivery
Shipper shall have the secondary Points of Delivery as set forth in Section 2.2 of Trunkline's Rate Schedule EFT.
RATE SCHEDULE EFT (Continued)
FIRM TRANSPORTATION SERVICE
EXHIBIT A
Transportation Agreement
For
Firm Service
Under Rate Schedule EFT
Primary Point(s) of Receipt
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MDRO |
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Meter |
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(Net of Fuel |
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Received From |
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No. |
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Reimbursement) |
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Effective from: 12/01/2003 Through: 03/31/2004 |
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1 |
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PEPL @ BOURBON - T |
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00 00X 00X |
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XXXXXX |
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XX |
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00000 |
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45,000 |
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Effective from: 04/01/2004 Through: 04/30/2004 |
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2 |
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PEPL @ BOURBON - T |
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00 00X 00X |
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XXXXXX |
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XX |
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00000 |
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30,000 |
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Description of Facilities
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Atmos. |
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Seq. |
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Existing/ |
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Pres. |
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No. |
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Proposed |
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Operated and Maintained By |
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(Psia) |
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Effective from: 12/01/2003 Through: 03/31/2004 |
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1 |
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EXISTING |
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Z1B |
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CMS TRUNKLINE GAS COMPANY, LLC |
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14.7 |
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Effective from: 04/01/2004 Through: 04/30/2004 |
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2 |
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EXISTING |
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Z1B |
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CMS TRUNKLINE GAS COMPANY, LLC |
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14.7 |
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Secondary Points of Receipt
Shipper shall have the secondary Points of Receipt as set forth in Section 2.1 of Trunkline's Rate Schedule EFT.
RATE SCHEDULE EFT (Continued)
ENHANCED FIRM TRANSPORTATION SERVICE
FORM OF SERVICE AGREEMENT
EXHIBIT B
Transportation Agreement
For
Firm Service
Under Rate Schedule EFT
Contract No. 017633
CUSTOMIZED RESERVATION PATTERN ELECTION
_______________________________(Shipper) hereby elects the Customized Reservation Pattern option in accordance with Section 3.9 of Trunkline's Rate Schedule EFT and hereby notifies Trunkline that it desires to be billed, and agrees to pay, the Reservation Charges elected from time to time for the period commencing November 1, _____ through October 31, _____.
Shipper acknowledges that this election is an alternative to the uniform monthly billing of reservation charges for Rate Schedule EFT set forth on effective Tariff Sheet No. ___, as revised from time to time, and that Shipper's election shall constitute its agreement to pay the otherwise applicable charges according to the payment schedule set forth in its election including such additional charges as may be required to ensure that the total applicable annual Reservation Charge obligations are paid in full. Shipper's election constitutes its waiver of reliance on uniform monthly billing requirements otherwise applicable for the affected months. Shipper hereby indemnifies Trunkline against and holds Trunkline harmless for any claims of Shipper or any person claiming through Shipper as to rights to billing different from those elected by Shipper.
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CMS TRUNKLINE GAS COMPANY, LLC |
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By |
_______________________________ |
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_______________________________ |
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(Please type or print name) |
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SHIPPER: |
_______________________________ |
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BY: |
_______________________________ |
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_______________________________ |
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(Please type or print name) |
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DATED: |
_______________________________ |
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SUPERSEDES EXHIBIT B DATED: ___________ |
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RATE SCHEDULE EFT (Continued)
ENHANCED FIRM TRANSPORTATION SERVICE
FORM OF SERVICE AGREEMENT
EXHIBIT C
Transportation Agreement
For
Firm Service
Under Rate Schedule EFT
Contract No. 017633
NEGOTIATED RATE AGREEMENT
Shipper agrees to the Negotiated Rate option in accordance with Section 3.10 of Rate Schedule EFT and notifies Trunkline that it desires to be billed, and agrees to pay, the charges specified below for the period commencing _____________________________ and continuing until ___________________________. Shipper acknowledges that this election is an alternative to the billing of charges for Rate Schedule EFT set forth on effective Tariff Sheet No. __, as revised from time to time. Shipper also acknowledges that its election constitutes waiver of its reliance on and its right to use the recourse rates which are available to it under the Rate Schedule EFT.
Specification of Negotiated Rate:
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CMS TRUNKLINE GAS COMPANY, LLC |
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By |
_______________________________ |
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_______________________________ |
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(Please type or print name) |
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SHIPPER: |
_______________________________ |
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BY: |
_______________________________ |
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_______________________________ |
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(Please type or print name) |
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DATED: |
_______________________________ |
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SUPERSEDES EXHIBIT C DATED: ___________ |
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