TRANSPORTATION SERVICE AGREEMENT Contract Identification FT9158
Exhibit
10.2
Contract
Identification FT9158
This
Transportation Service Agreement (Agreement) is entered into by Great Lakes Gas
Transmission Limited Partnership (Transporter) and ANR PIPELINE 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 constitute the
transportation service to be provided and the rights and obligations of Shipper
and Transporter.
1. EFFECTIVE
DATE: March 14, 2008
2. CONTRACT
IDENTIFICATION: FT9158 (RELEASING CONTRACT ID: FT2321)
3. RATE
SCHEDULE: FT
4. SHIPPER
TYPE: Interstate PI
5. STATE/PROVINCE
OF INCORPORATION: Delaware
6. TERM:
April 01, 2009 to October 31, 2014, Timely
7. EFFECT
ON PREVIOUS CONTRACTS:
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This
Agreement supersedes, cancels and terminates, as of the effective date
stated above, the following contract(s):
N/A
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8.
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MAXIMUM
DAILY QUANTITY (Dth/Day): 44,000 Summer Only (April through
October)
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Please
see Appendix A for further detail.
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9. RATES:
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Unless
Shipper and Transporter have agreed to a Discounted Rate, pursuant to
Section 19.2 of the General Terms and Conditions, or to a Negotiated Rate,
pursuant to Section 4.5 of the Rate Schedule named above, rates shall be
Transporter's maximum rates and charges plus all applicable surcharges in
effect from time to time under the applicable Rate Schedule (as stated
above) on file with the Commission unless otherwise agreed to by the
parties in writing. Provisions governing a Discounted Rate shall be set
forth in this Paragraph 9. Provisions governing a Negotiated Rate shall be
set forth on Appendix B hereto.
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The
applicable rates and charges will be the maximum allowable rates and
charges under Rate Schedule FT, including any applicable surcharge
reflecting incremental pricing for all or a portion of this service,
unless otherwise agreed to in writing by Transporter. Such surcharges are
listed on tariff sheet 4A of Transporters FERC Gas Tariff, Second Revised
Volume No. 1. The surcharges applicable to this service are those listed
for contract:
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FT2321
or any superseding service.
10. POINTS
OF RECEIPT AND DELIVERY:
The primary receipt and
delivery points are set forth on Appendix A.
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11.
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RELEASED
CAPACITY:
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Capacity
rights for this Agreement were released from DYNEGY MARKETING & TRADE
INC. (Releasing Shipper) pursuant to Section 15 of Transporter’s General
Terms and Conditions. Accordingly, Shipper is a Replacement
Shipper as that term is defined
therein.
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12.
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INCORPORATION
OF TARIFF INTO AGREEMENT:
This
Agreement shall incorporate and in all respects be subject to the "General
Terms and Conditions" and the applicable Rate Schedule (as stated above)
set forth in Transporter's FERC Gas Tariff, Second Revised Volume No. 1,
as may be revised from time to time. Transporter may file and seek
Commission approval under Section 4 of the Natural Gas Act (NGA) at any
time and from time to time to change any rates, charges or provisions set
forth in the applicable Rate Schedule (as stated above) and the "General
Terms and Conditions" in Transporter's FERC Gas Tariff, Second Revised
Volume No. 1, and Transporter shall have the right to place such changes
in effect in accordance with the NGA, and this Agreement shall be deemed
to include such changes and any such changes which become effective by
operation of law and Commission Order, without prejudice to Shipper's
right to protest the same.
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13.
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MISCELLANEOUS:
No
waiver by either party to this Agreement of any one or more defaults by
the other in the performance of this Agreement shall operate or be
construed as a waiver of any continuing or future default(s), whether of a
like or a different character.
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Any
controversy between the parties arising under this Agreement and not
resolved by the parties shall be determined in accordance with the laws of
the State of Michigan.
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OTHER
PROVISIONS:
It
is agreed that no personal liability whatsoever shall attach to, be
imposed on or otherwise be incurred by any Partner, agent, management
official or employee of the Transporter or any director, officer or
employee of any of the foregoing, for any obligation of the Transporter
arising under this Agreement or for any claim based on such obligation and
that the sole recourse of Shipper under this Agreement is limited to
assets of the Transporter.
Upon termination of this Agreement, Shipper's and
Transporter's obligations to each other arising under this Agreement,
prior to the date of termination, remain in effect and are not being
terminated by any provision of this Agreement.
Right
to Amend primary Points: No
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15.
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NOTICES
AND COMMUNICATIONS:
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All
notices and communications with respect to this Agreement shall be in writing
and sent to the addresses stated below or at any other such address(es) as may
be designated in writing:
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ADMINISTRATIVE
MATTERS
Great
Lakes Gas Transmission Limited
Partnership
0000
Xxxxxxxxx Xxxxx
Xxxx,
XX 00000
Attn:
Transportation Services
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ANR
PIPELINE COMPANY
000
Xxxxx Xxxxxx
Xxxxx
0000
Xxxxxxx,
XX 00000-0000
Attn:
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PAYMENT
BY ELECTRONIC TRANSFER
Great
Lakes Gas Transmission Limited
Partnership
JPMorgan
Chase Bank, Detroit, MI
ABA
No: 000000000
Account
No: 07308-43
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ANR
PIPELINE COMPANY
Attn:
Xxxxxxxx Xxxxxxx
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AGREED
TO BY:
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GREAT
LAKES GAS TRANSMISSION LIMITED PARTNERSHIP
By:
Great Lakes Gas Transmission Company
Operator
and Agent for Great Lakes Gas Transmission Limited
Partnership
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ANR
PIPELINE COMPANY
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By:
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/s/ Xxxxxx X.
Xxxxxxx
Xxxxxx
X. Xxxxxxx
Title: Director,
Transportation Services
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By:
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/s/ Xxxx X.
Xxxxxxxx
Xxxx
X. Xxxxxxxx
Title: Vice-President,
Commercial Operations
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APPENDIX
A
Contract
Identification FT9158
Date:
March 14.
2008
Supersedes
Appendices Dated: Not
Applicable
Shipper:
ANR PIPELINE COMPANY
Summer
Only (April through October), Winter MDQ is 0 (zero)
Maximum
Daily Quantity (Dth/Day) per Location:
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Begin
Date
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End
Date
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Point(s)
of Primarv Receipt
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Point(s)
of Primarv Delivery
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MDQ
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(MAOP)
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04/01/2009
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10/31/2014
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Xxxxxxx
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St. Clair |
44,000
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974
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