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EXHIBIT 10.20
Service Agreement No. 39272
Control No. 930905-0274
NTS SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of November, 1993, by
and between COLUMBIA GAS TRANSMISSION CORPORATION ("Seller") and MOUNTAINEER
GAS COMPANY ("Buyer").
WITNESSETH: That in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
Section 1. Service to be Rendered. Seller shall perform and Buyer
shall receive service in accordance with the provisions of the effective NTS
Rate Schedule and applicable General Terms and Conditions of Seller's FERC Gas
Tariff, Second Revised Volume No. I (Tariff), on file with the Federal Energy
Regulatory Commission (Commission), as the same may be amended or superseded in
accordance with the rules and regulations of the Commission. The maximum
obligation of Seller to deliver gas hereunder to or for Buyer, the designation
of the points of delivery at which Seller shall deliver or cause gas to be
delivered to or for Buyer, and the points of receipt at which Buyer shall
deliver or cause gas to be delivered, are specified in Appendix A, as the same
may be amended from time to time by agreement between Buyer and Seller, or in
accordance with the rules and regulations of the Commission. Service hereunder
shall be provided subject to the provisions of Part 284.102 of Subpart B of the
Commission's regulations. Buyer warrants that service hereunder is being
provided on behalf of MOUNTAINEER GAS COMPANY, a local distribution company.
Section 2. Term. Service under this Agreement shall commence as of
November 1, 1993, and shall continue in full force and effect until October 31,
2004, and from year-to-year thereafter unless terminated by either party upon
six (6) months' written notice to the other prior to the end of the initial
term granted or any anniversary date thereafter. Pre-granted abandonment shall
apply upon termination of this Agreement, subject to any right of first refusal
Buyer may have under the Commission's regulations and Seller's Tariff.
Section 3. Rates. Buyer shall pay Seller the charges and furnish
Retainage as described in the above-referenced Rate Schedule, unless otherwise
agreed to by the parties in writing and specified as an amendment to this
Service Agreement.
Section 4. Notices. Notices to Seller under this Agreement shall be
addressed to it at Xxxx Xxxxxx Xxx 0000, Xxxxxxxxxx, Xxxx Xxxxxxxx 00000-0000,
Attention: Director, Transportation and Exchange and notices to Buyer shall be
addressed to it at 000 Xxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxx Xxxxxxxx 00000,
Attention: Xxxxx X. Xxxxx, until changed by either party by written notice.
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Section 5. Prior Service Agreements. This Agreement is being entered
into by the parties hereto pursuant to the Commission's Order No. 636 and its
orders dated July 14, 1993 and September 29, 1993, with respect to Seller's
Order No. 636 compliance filing and relates to the following existing Service
Agreements:
FTS Service Agreement No. 34550, effective November 1, 1989, as it may
have been amended, providing for transportation service under the FTS
Rate Schedule.
COS Service Agreement No. 36057, effective November 1, 1989, as it may
have been amended, providing for a bundled sales, transportation and
storage service under the COS Rate Schedule.
The terms of Service Agreement No. 39272 shall become effective as of the
effective date hereof, however, the parties agree that neither the execution
nor the performance of Service Agreement 39272 shall prejudice any recoupment
or other rights that Buyer may have under or with respect to the above-
referenced Service Agreements.
Section 6. Conversion. Buyer may convert all or a portion of its
service under the NTS Rate Schedule to an equivalent level of Transportation
Demand under Seller's FTS Rate Schedule by providing at least twelve month's
written notice (Notice Period) of Buyer's intent to convert; provided that the
conversion shall be effective concurrently with the effective date of revised
rates pursuant to Seller's first general rate filing under Section 4(e) of the
Natural Gas Act following the Notice Period. If the effective date of Seller's
general rate filing under Section 4(e) of the Natural Gas Act is within the
Notice Period, Seller shall attempt to make Buyer's conversion effective
concurrently with the effective date of revised rates for such rate filing;
provided Seller, in its discretion, determines that it has had sufficient
notice hereunder to make any modifications or revisions to such rate filing to
accommodate the conversion prior to such rate filing. The converted FTS
service agreement shall contain the same receipt and delivery points, MDDOs (or
applicable portion) and delivery pressure requirement (if applicable) as those
in effect under the NTS service agreement on the date of termination. This
conversion option shall expire on and any notice by Buyer hereunder must be
submitted to Seller by October 31, 1995.
MOUNTAINEER GAS COMPANY COLUMBIA GAS TRANSMISSION
CORPORATION
By /s/ Xxxxxxx Xxxxx By /s/ X.X. Xxxxxxx
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Title President Title Vice President
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Revision No.
Control No. 1993-09-05-0274
Appendix A to Service Agreement No. 39272
Under Rate Schedule NTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) MOUNTAINEER GAS CO
Transportation Demand 40,000 Dth/day
Primary Receipt Points
Maximum Daily
Scheduling Scheduling Measuring FOOT Measuring Quantity
Point No. Point Name Point No. NOTE Point Name (Dth/Day)
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801 TCO-XXXXX 801 40,000
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Revision No.
Control No. 1993-09-05-0274
Appendix A to Service Agreement No. 39272
Under Rate Schedule NTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) MOUNTAINEER GAS CO
Primary Delivery Points
Scheduling Scheduling Measuring FOOT Measuring Maximum Daily
Point No. Point Name Point No. NOTE Point Name Quantity (Dth/Day)
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27 MOUNTAINEER OP-03 27 40,000
28 MOUNTAINEER OP-10 28 392
29 MOUNTAINEER OP-08 29 40,000
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Revision No.
Control No. 1993-09-05 -0274
Appendix A to Service Agreement No. 39272
Under Rate Schedule NTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) MOUNTAINEER GAS CO
The Master List of Interconnects (MLI) as defined in Section 1 of the General
Terms and Conditions of Seller's Tariff is incorporated herein by reference for
the purposes of listing valid secondary interruptible receipt points and
delivery points.
Service charges pursuant to this Appendix A shall become effective as of
NOVEMBER 01, 1993. This Appendix A shall cancel and supersede the previous
Appendix A effective as of N/A, to the Service Agreement referenced above.
With the exception of this Appendix A, all other terms and conditions of said
Service Agreement shall remain in full force and effect.
MOUNTAINEER GAS CO
By /s/ Xxxxxxx Xxxxx
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Its President
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Date 8/29/94
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COLUMBIA GAS TRANSMISSION CORPORATION
By /s/ X.X. Xxxxxxx
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Its Vice President
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Date 9/6/94
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