EXHIBIT 10.4(c)
Contract No. 33182000D
GGC-10476-CO
Firm Transportation Service Agreement
Rate Schedule TF-1
between
COLORADO INTERSTATE GAS COMPANY
and
ATMOS ENERGY CORPORATION
Dated: APRIL 1, 2003
Contract No. 33182000D
TRANSPORTATION SERVICE AGREEMENT
RATE SCHEDULE TF-1
The Parties identified below, in consideration of their mutual promises,
agree as follows:
1. TRANSPORTER: COLORADO INTERSTATE GAS COMPANY
2. SHIPPER: ATMOS ENERGY CORPORATION
3. APPLICABLE TARIFF: Transporter's FERC Gas Tariff, First Revised Volume No.
1, as the same may be amended or superseded from time to time ("the
Tariff).
4. CHANGES IN RATES AND TERMS: Transporter shall have the right to propose to
the FERC changes in its rates and terms of service, and this Agreement
shall be deemed to include any changes which are made effective pursuant to
FERC Order or regulation or provisions of law, without prejudice to
Shipper's right to protest the same.
5. TRANSPORTATION SERVICE: Transportation Service at and between Primary
Point(s) of Receipt and Primary Point(s) of Delivery shall be on a firm
basis. Receipt and Delivery of quantities at Secondary Point(s) of Receipt
and/or Secondary Point(s) of Delivery shall be in accordance with the
Tariff.
6. POINTS OF RECEIPT AND DELIVERY: Shipper agrees to Tender Gas for
Transportation Service and Transporter agrees to accept Receipt Quantities
at the Primary Point(s) of Receipt identified in Exhibit "A." Transporter
agrees to provide Transportation Service and Deliver Gas to Shipper (or for
Shipper's account) at the Primary Point(s) of Delivery identified in
Exhibit "A." Minimum and maximum receipt and delivery pressures, as
applicable, are listed on Exhibit "A."
7. RATES AND SURCHARGES: As set forth in Exhibit "B." For example, Transporter
and Shipper may agree that a specified discount rate will apply: (a) only
to certain specified firm service entitlements under this Agreement; (b)
only if specified quantity levels are actually achieved under this
Agreement (with higher rates, charges, and fees applicable to all
quantities above those levels, or to all quantities under the Agreement if
the specified levels are not achieved); (c) only to production reserves
committed by the Shipper; (d) only during specified time periods; (e) only
to specified Point(s) of Receipt, Pomt(s) of Delivery, mainline area
segments, supply areas, Transportation routes, or defined geographical
areas; or (f) in a specified relationship to the quantities actually
Delivered (i.e., that the rates shall be adjusted in a specified
relationship to quantities actually Delivered); provided, however, that any
such discounted rates set forth above shall be between the minimum and
maximum rates applicable to the sendee provided under this Agreement.
In addition, the discount agreement may include a provision that if one
rate component which was at or below the applicable maximum rate at the
time the discount agreement was executed subsequently exceeds the
applicable maximum rate due to a change in Transporter's maximum rates so
that such rate component must be adjusted downward to equal the new
applicable maximum rate, then other rate components may be adjusted upward
to achieve the agreed overall rate, so long as none of the resulting rate
components exceed the maximum rate applicable to that rate component. Such
changes to rate components shall be applied prospectively, commencing with
the date a Commission order accepts revised tariff sheets. However, nothing
contained herein shall be construed to alter a refund obligation under
applicable law for any period during which rates that had been charged
under a discount agreement exceeded rates which ultimately are found to be
just and reasonable.
8. NEGOTIATED RATE AGREEMENT: YES____ NO X
9. MAXIMUM DAILY QUANTITY (MDQ):
MDQ (Dth/d) EFFECTIVE
--------------------------------
6,121 4/01/03-9/30/06
10. TERM OF AGREEMENT: Beginning: APRIL 1, 2003
Extending through: SEPTEMBER 30, 2006
Contract No. 33182000D
11. NOTICES, STATEMENTS, AND BILLS:
TO SHIPPER:
INVOICES FOR TRANSPORTATION:
Atmos Energy Corporation
0000 Xxxxxxxxxxxx, Xxxxx 000
Xxxxxx, Xxxxxxxx 00000-0000
Attention: Gas Supply Colorado-Kansas Service Area
ALL NOTICES:
Atmos Energy Corporation
P. O. Xxx 000000
Xxxxxx, Xxxxx 00000-0000
Attention: Contract Administration Colorado-Kansas Service Area
TO TRANSPORTER:
See Payments, Notices, Nominations, and Points of Contact
sheets in the Tariff.
12. SUPERSEDES AND CANCELS PRIOR AGREEMENT: When this Agreement becomes
effective, it shall cancel and supersede the following agreement between
the Parties: The Firm Transportation Service Agreement between Transporter
and Shipper dated OCTOBER 1, 2001, referred to as Transporter's Agreement
No. 33182000C.
13. ADJUSTMENTS TO RATE SCHEDULE TF-1 AND/OR GENERAL TERMS AND CONDITIONS: N/A.
14. INCORPORATION BY REFERENCE: This Agreement in all respects shall be subject
to the provisions of Rate Schedule TF-1 and to the applicable provisions of
the General Terms and Conditions of the Tariff as filed with, and made
effective by, the FERC as same may change from time to time (and as they
may be amended pursuant to Section 13 of the Agreement).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
TRANSPORTER: SHIPPER:
COLORADO INTERSTATE GAS COMPANY ATMOS ENERGY CORPORATION
By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxx X. Xxxxxxxxxx
------------------ ---------------------
Xxxxxx X. Xxxxx Name: Xxxx X. Xxxxxxxxxx
Vice President Title: President
(Colorado-Kansas Division)
[STAMP OF LEGAL DEBT] Accepted and agreed to this
19 day of May, 2003.
Accepted and agreed to this
21 day of April, 2003.
Contract No. 33182000D
EXHIBIT "A"
Firm Transportation Service Agreement
between
COLORADO INTERSTATE GAS COMPANY
and
ATMOS ENERGY CORPORATION
Dated: APRIL 1, 2003
1. Shippers Maximum Delivery Quantity ("MDQ"): 6,121 Dth per Day.
Primary Point(s) of
Receipt Quantity
Primary Point(s) of Receipt (Dth per Day) Minimum Receipt Maximum Receipt
(Note 1) Effective Dates (Note 2) Pressure (p.s.i.g.) Pressure (p.s.i.g.)
--------------------------- ---------------- ------------------- ------------------- --------------------
NORTHERN SYSTEM:
Echo Springs MM 4/01/03 - 9/30/06 300 850
Lost Cabin 4/01/03 - 9/30/06 1,200 1,100
Uintah 4/01/03 - 9/30/06 593 940
---------
TOTAL Northern: 2,093
CENTRAL SYSTEM:
Xxxxx XX 4/01/03 - 9/30/06 491 220
SOUTHERN SYSTEM:
Big Canyon 4/01/03 - 9/30/06 491 350 955
Mocane 4/01/03 - 9/30/06 1,260 65
---------
TOTAL Southern: 1,751
---------
TOTAL 6,121
Primary Point(s) of
Primary Point(s) of Delivery Delivery Quantity Minimum Delivery Maximum Delivery
(Note 1) Effective Dates (Dth per Day) Pressure (p.s.i.g.) Pressure (p.s.i.g.)
----------------------------- ----------------- ------------------- ------------------- --------------------
CANON CITY GROUP:
Canon City 4/01/03 - 9/30/06 4,231 100 LP
Colorado State Penitentiary 4/01/03 - 9/30/06 298 100
Engineering Station 476+78 4/01/03 - 9/30/06 5 LP
Florence City Gate 4/01/03 - 9/30/06 989 60
Fremont Cty. Industrial Park 4/01/03 - 9/30/06 0 XX
Xxxxxxx Xxxx Xxxx 4/01/03 - 9/30/06 135 00
Xxxxxxx XXX-0 4/01/03 - 9/30/06 000 XX
Xxxxxxxx Xxxx Xxxx 4/01/03 - 9/30/06 00 000
Xxxxxxxxx Xxxx Xxxx 4/01/03 - 9/30/06 35 150
---------
TOTAL Canon City Group 5,866
Contract No. 33182000D
EXHIBIT "A"
Primary Point(s) of
Primary Point(s) of Delivery Delivery Quantity Minimum Delivery Maximum Delivery
(Note 1) Effective Dates (Dth per Day) Pressure (p.s.i.g.) Pressure (p.s.i.g.)
--------------------------------------------------------------------------------------------------------------------------
XXXX GROUP:
Xxxxxxx Station 4/01/03 - 9/30/06 00 000
Xxxx Xxxx Xxxx 4/01/03 - 9/30/06 207 60
Highline Taps:
Neoplan (Bent County) 4/01/03 - 9/30/06 3 XX
Xxxxxxx South(Fremont Cty) 4/01/03 - 9/30/06 11 LP
The Piggery (Fremont Cty.) 4/01/03 - 9/30/06 3 LP
X. X. Xxxxxxxx (Xxxx County) 4/01/03 - 9/30/06 5 LP
-----
TOTAL Xxxx Group 257
-----
XxXxxxx Delivery 4/01/03 - 9/30/06 350 500
-----
Springfield 4/01/03 - 9/30/06 700 LP
-----
TOTAL 6,121
--------------------------------------------------------------------------------------------------------------------------
Primary Point(s) of
Primary Point(s) of Delivery Quantity
Delivery Storage (Dth per Day) Minimum Delivery Maximum Delivery
Injection (Note 1) Effective Dates (Notes 3 and 4) Pressure (p.s.i.g.) Pressure (p.s.i.g.)
-----------------------------------------------------------------------------------------------------------------------
Storage Injection 4/01/03-9/30/06 2,814
-----------------------------------------------------------------------------------------------------------------------
NOTES:
(1) Information regarding Point(s) of Receipt and Point(s) of Delivery,
including legal descriptions, measuring Parties, and interconnecting
Parties, shall be posted on Transporter's Electronic Bulletin Board.
Transporter shall update such information from time to time to include
additions, deletions, or any other revisions deemed appropriate by
Transporter.
(2) Each Point of Receipt Quantity may be increased by an amount equal to
Transporter's Fuel Reimbursement percentage. Shipper shall be
responsible for providing such Fuel Reimbursement at each Point of
Receipt on a pro rata basis based on the quantities received on any Day
at a Point of Receipt divided by the total quantity Delivered at all
Point(s) of Delivery under this Transportation Service Agreement.
(3) The sum of the Delivery Quantities at Point(s) of Delivery shall be
equal to or less than Shipper's MDQ.
(4) Transporter's obligation to make Deliveries to Transporter's storage
injection point under this Agreement and to Transporter's storage
injection point under all other Firm Transportation Service Agreements
between Transporter and Shipper providing for deliveries to
Transporter's storage injection point shall be limited by the
provisions of Rate Schedule NNT-1 and Shipper's NNT-1 service
agreement(s).
Contract No. 33182000D
EXHIBIT "B"
Firm Transportation Service Agreement
between
COLORADO INTERSTATE GAS COMPANY
and
ATMOS ENERGY CORPORATION
Dated: APRIL 1, 2003
Primary Point(s) Primary Point(s) R(1) Reservation Commodity Fuel
of Receipt of Delivery Rate(s) Rate Term of Rate Reimbursement Surcharges
------------------------------------------------------------------------------------------------------------------------------
As listed on As Listed on (Note 1) (Note 1) 4/01/03-9/30/06 (Note 2) (Note 3)
Exhibit "A" Exhibit "A"
------------------------------------------------------------------------------------------------------------------------------
Secondary Secondary
Point(s) of Point(s) of R(1) Reservation Commodity Fuel
Receipt Delivery Rate(s) Rate Term of Rate Reimbursement Surcharges
------------------------------------------------------------------------------------------------------------------------------
All All (Note 1) (Note 1) 4/01/03-9/30/06 (Note 2) (Note 3)
------------------------------------------------------------------------------------------------------------------------------
NOTES:
(1) Unless otherwise agreed by the Parties in writing, the rates for
service hereunder shall be Transporter's maximum rates for service
under Rate Schedule TF-1 or other superseding Rate Schedules, as such
rates may be changed from time to time.
(2) Fuel Reimbursement shall be as stated on Transporter's Schedule of
Surcharges and Fees in the Tariff, as they may be changed from time to
time, unless otherwise agreed between the Parties.
(3) Surcharges, If Applicable:
All applicable surcharges, unless otherwise specified, shall be the
maximum surcharge rate as stated in the Schedule of Surcharges and Fees
in the Tariff, as such surcharges may be changed from time to time,
GAS QUALITY CONTROL SURCHARGE:
The Gas Quality Control Reservation Rate and commodity rate shall be
assessed pursuant to Article 20 of the General Terms and Conditions as
set forth in the Tariff.
GRI:
The GRI Surcharge shall be assessed pursuant to Article 18 of the
General Terms and Conditions as set forth in the Tariff.
ORDER NO. 636 TRANSITION COST MECHANISM:
Surcharge(s) shall be assessed pursuant to Article 21 of the General
Terms and Conditions as set forth in the Tariff.
ACA:
The ACA Surcharge shall be assessed pursuant to Article 19 of the
General Terms and Conditions as set forth in the Tariff.
