Exhibit 10.2
Amendatory Agreement
This Amendment is entered into this 21St day of April, 1997, between
SOUTHERN NATURAL GAS COMPANY ("Company") and ATLANTA GAS LIGHT COMPANY
("Shipper").
RECITALS:
1 Company and Shipper are parties to a firm transportation agreement dated
September 1, 1994 (#902470) for 100,000 Mcf per day, as amended March 1, 1995
and August 23, 1996 (the "September FT Agreement"), a firm transportation
agreement dated November 1, 1994 (#904460), as amended March 1, 1995, June 1,
1995, and August 23, 1996, for 253,812 Mcf per day (the "November FT
Agreement"), a no-notice firm transportation agreement dated November 1, 1994
(#904460), as amended March 1, 1995 and August 23, 1996, for 406,222 Mcf per day
(the "FT-NN Agreement"), and a contract storage service agreement dated November
1, 1994 as amended March 1, 1995 and August 23, 1996, (#S20150) for 20,117,674
Mcf (the "CSS Agreement");
2. Shipper has notified Company that it desires to extend the term of the
September FT Agreement, the November FT Agreement, the FT-NN Agreement, and the
CSS Agreement as provided below.
AGREEMENTS:
In consideration for the premises and the mutual promises and covenants
contained herein, the parties agree as follows:
1 . Section 4.1 of the September FT Agreement shall be deleted in its
entirety and the following Section 4. 1 substituted therefor:
4.1 Subject to the provisions hereof, this Agreement
shall become effective as of the date first
hereinabove written and shall be in full force and
effect for a primary term through August 31, 2002,
and shall continue and remain in force and effect for
successive terms of one year each thereafter if the
parties mutually agree in writing to each such yearly
extension at least 365 days prior to the end of the
primary term or any subsequent yearly extension.
2. The Second Revised Exhibit E to the September FT Agreement shall be
deleted in its entirety and the Third Revised Exhibit E attached hereto shall be
substituted therefor.
3. The First Revised Exhibit B to the November FT Agreement and the FT-NN
Agreement shall each be deleted in its entirety and the Second Revised Exhibit B
attached hereto shall be substituted therefor.
4. Section 4.1 of the November FT Agreement shall be deleted in its
entirety and the following Section 4. 1 substituted therefor:
4.1 Subject to the provisions hereof, this Agreement
shall become effective as of the date first
hereinabove written and shall be in fun force and
effect for a primary term through the following
dates: (a) April 30, 2007, for 108,905 Mcf per day
of Transportation Demand and June 30, 2007, for
1,000 Mcf per day of Transportation Demand and shall
continue and remain in force and effect for
successive terms of one year each after the end of
each primary term for the specified volume, unless
and until canceled with respect to the associated
volume by either party giving 180 days written
notice to the other party prior to the end of the
specified primary term or any yearly extension
thereof; (b) August 31, 2003, for 21,139 Mcf per day
of Transportation Demand and shall continue and
remain in force and effect for successive terms of
one year each thereafter if the parties mutually
agree in writing to each such yearly extension at
least 365 days prior to the end of the primary term
or subsequent yearly extension; and (c) August 31,
2002, for 122,768 Mcf per day of Transportation
Demand and shall continue and remain in force and
effect for successive terms of one year each
thereafter if the parties mutually agree in writing
to each such yearly extension at least 365 days
prior to the end of the primary term or subsequent
yearly extension.
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5. Section 4. 1 of the FT-NN Agreement shall be deleted in its entirety and
the following Section 4. 1 substituted therefor:
4.1 Subject to the provisions hereof, this Agreement
shall become effective as of the date first
hereinabove written and shall be in full force and
effect for a primary term through the following
dates: (a) August 3l, 2003, for 24,133 Mcf per day
of Transportation Demand and shall continue and
remain in force and effect for successive terms of
one year each thereafter if the parties mutually
agree in writing to each such yearly extension at
least 365 days prior to the end of the primary term
or subsequent yearly extension; and (b) August 31,
2002, for 382,089 Mcf per day .. of Transportation
Demand and shall continue and remain in force and
effect for successive terms of one year each
thereafter if the parties mutually agree in writing
to each such yearly extension at least 365 days
prior to the end of the primary term or subsequent
yearly extension.
6. Section 4.1 of the CSS Agreement shall be deleted in its entirety and
the following Section 4.1 substituted therefor:
4.1 Subject to the provisions hereof, this Agreement
shall become effective as of the date first
hereinabove written and shall be in full force and
effect for a primary term through the following
dates: (a) August 3l, 2003, for 1,195,179 Mcf per
day of Maximum Storage Quantity and shall continue
and remain in force and effect for successive terms
of one year each thereafter if, the parties
mutually agree in writing to each such yearly
extension at least 365 days prior to the end of the
primary term or subsequent yearly extension; and
(b) August 31, 2002, for 18,922,495 Mcf per day of
Maximum Storage Quantity and shall continue and
remain in force and effect for successive terms of
one year each thereafter if the parties mutually
agree
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in writing to each such yearly extension at least
365 days prior to the end of the primary term or
subsequent yearly extension.
7. This Amendatory Agreement is subject to a condition subsequent that the
FERC issue an order approving Company's certificate application and facilities
design in its upcoming expansion filing in Docket No. CP97- to provide
additional firm service to customers in eastern Tennessee and elsewhere in Zones
2 and 3 (the "ET Phase II Application"). If the FERC either (i) does not issue
an order approving the ET Phase II Application by June 1, 1999, or (ii) approves
the ET Phase II Application but modifies the ET Phase II facilities design, in
the ET Phase II certificate proceeding or in any other proceeding, in a manner
that is unacceptable to Company or Shipper, then either Company or Shipper may
terminate this Amendatory Agreement upon 30 days written prior notice to the
other party, to be given no later than 30 days after the occurrence of such
event described in (i) or (ii). If such termination occurs before March 1, 1999,
the terms of the Amendatory Agreement between Company and Shipper dated August
23, 1996 shall continue to apply as provided therein. If such termination occurs
after March 1, 1999, but before August 31, 2002, the terms of such August 23,
1996 Amendatory Agreement shall continue to apply as provided therein and all of
the service agreements described in such Amendatory Agreement with terms ending
on March 1, 1999, or March 1, 2000, and the discounted reservation rate under
the September FT Agreement, shall be extended through the later of (a) February
28, 2000, or (b) a date six months after the termination of this Amendatory
Agreement pursuant to this paragraph 7.
8. Except as provided herein, the September FT Agreement, the November FT
Agreement, the FT-NN Agreement, and the CSS Agreement shall remain in full force
and effect as written.
9. This Amendment is subject to all applicable, valid laws, orders, rules,
and regulations of any governmental entity having jurisdiction over the parties
or the subject matter hereof.
WHEREFORE, the parties have executed this Amendment through their duly
authorized representatives to be effective as of the date first written above.
ATTEST: SOUTHERN NATURAL GAS COMPANY
By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxxxx, Xx.
Title: Vice President Title: President
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ATTEST: ATLANTA GAS LIGHT COMPANY
By: /s/ Xxxxxxx X. Xxxx By: /s/ Xxxxxx X. Xxxxxx
Title: Sr. V.P. Title: Executive Vice President
and Chief Operating Officer
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Service Agreement No. 902470
THIRD REVISED
EXHIBIT E
DISCOUNT INFORMATION
Discounted Rates:
(1) The Reservation Charge under this Agreement shall be the
lesser of (i) $10.50/Mcf ($10.284/dt effective January 1,
1997), or (ii) the maximum lawful applicable reservation
charge as approved by the FERC and in effect from time to
time;
(2) The applicable GSR Cost Surcharge and GSR Volumetric Surcharge
shall be capped at 50% each;
(3) All other surcharges shall be assessed at full rate under this
Agreement.
Discounted Rate Effective from 3/1/95 through 8/31/2002
/s/ Xxxxxx X. Xxxxxx /s/ Xxxxx X. Xxxxxx, Xx.
ATLANTA GAS LIGHT COMPANY SOUTHERN NATURAL GAS COMPANY
Exhibit B
Second Revised Exhibit B
Page No. 1 of 5
Effective Date 1997/05/01
ATLANTA GAS LIGHT COMPANY
The legal description of the Delivery Points listed below are more particularly
set forth in the Company's Delivery Point catalogs, a copy of which can be
requested from Company or accessed through SoNet, Company's electronic computer
system. Pages I through 3 of this exhibit reflect Maximum Daily Delivery
Quantities for FT Service Agreement No. 904460 and FT-NN Service Agreement No.
904461.
Delivery Delivery MDDQ Meter Capability Cont.
Point Point in Daily Hourly Press.
Description Code MCF (Mcf/d) (Mcf/h) (psig) Notes
----------- ---- --- ------- ------- ------ -----
Xxxxxxx Xxxx 000000 255,814 A
Xxxxxx Ind'ial 910800 48,000 2,000 Line
Xxxx Xxxxx 000000 20,000 1,000 Line 200# - 335#
So. Atlanta #1 911300 137,000 8,200 000
Xxxxxx Xxxx 911400 270,000 14,000 Line < 335#, B
So. Atlanta #2 911600 172,000 7,165 Line
Marietta 912200 50,000 3,000 Reg 300# - 500#, F
Hampton 913000 4,200 252 290
AGL Farm Taps 907000
Xxxxxxxxxx 000000 2,127 Line
Catoosa County 907800 258 300
Ringgold 908000 3,814 275
Xxxxx Xxxx 000000 53,916 A
North Macon 915400 50,000 3,000 Line
East Macon 915500 27,500 1,700 Line
West Macon 915600 14,400 000 Xxxx
Xxxxx-Xxxxxx #x 000000 89,395 5,360 Line D
Macon-Mville #2 915900 60,000 3,600 Line D
Jeffersonville 918200 2,110 126 Line >400#
Xxxxxxxx Xxxx 000000 69,327 A
Savannah #1 934600 30,000 1,800 125
Savannah #2 934700 46,500 2,790 Line >300#
Savannah #3 934800 6,000 250 150
Savannah #4 934900 28,800 1,200 Line >400#
Plant XxXxxxxx 935000 69,327 8,703 Line >400#
Xxxxxxx 913400 18,750 290
Forsyth 917200 2,073 Line
Exhibit B
Second Revised Exhibit B
Page No. 2 of 5
Effective Date 1997/05/01
ATLANTA GAS LIGHT COMPANY
The legal description of the Delivery Points listed below are more particularly
set forth in the Company's Delivery Point catalogs, a copy of which can be
requested from Company or accessed through SoNet, Company's electronic computer
system. Pages I through 3 of this exhibit reflect Maximum Daily Delivery
Quantities for FT Service Agreement No. 904460 and FT-NN Service Agreement No.
904461.
Delivery Delivery MDDQ Meter Capability Cont.
Point Point in Daily Hourly Press.
Description Code MCF (Mcf/d) (Mcf/h) (psig) Notes
----------- ---- --- ------- ------- ------ -----
Zebulon 917400 555 Line
Thomaston 917600 7,406 150
Barnesville 917800 3,567 250
Xxxxxxx 918000 2,385 Reg 400# - 600#
Danville 918400 350 400
Dexter 918600 410 400
AGL-Laurens Co. 918700 46,817 Line >700#,E
Xxxxxxxxx 000000 4,429 325
Blythe 931600 160 300
Xxxxxxxxxxxx 000000 6,430 Line >700#
S'field-Xxxxxx 934200 850 Reg 380# - 400#
Xxxx Xxxx 000000 29,971 A
Rome #1 904200 13,300 800 Line >450#
Rome #2 904300 20,000 1,100 260
Rome #3 904400 11,000 540 Line >400#
Xxxxxxx 906200 1,300 00 000 X
Xxxxxxx Xxxx 000000 69,381 A
Augusta #1 932000 53,140 3,188 400
Augusta #2 932100 35,000 1,500 Line
Augusta #3 932200 18,333 1,100 500
Augusta #4 932300 19,200 000 Xxxx
Xxx-Xxx-Xxx Xxxx 000000 47,162 X
Xxxxx Xxxx 000000 1,875 113 150
Dallas #2 909800 9,600 400 300
Xxxxx Junction 910100 20,400 000 Xxxx
Xxxxxx Xxxxxxxx 000000 8,500 000 Xxxx
Xxxxxxxxxxxx 000000 10,800 450 Line >250#
Exhibit B
Second Revised Exhibit B
Page No. 3 of 5
Effective Date 1997/05/01
ATLANTA GAS LIGHT COMPANY
The legal description of the Delivery Points listed below are more particularly
set forth in the Company's Delivery Point catalogs, a copy of which can be
requested from Company or accessed through SoNet, Company's electronic computer
system. Pages I through 3 of this exhibit reflect Maximum Daily Delivery
Quantities for FT Service Agreement No. 904460 and FT-NN Service Agreement No.
904461.
Delivery Delivery MDDQ Meter Capability Cont.
Point Point in Daily Hourly Press.
Description Code MCF (Mcf/d) (Mcf/h) (psig) Notes
----------- ---- --- ------- ------- ------ -----
Xxxxxxx Xxxx 000000 4,552 A
Xxxxxxx #1 907200 9,640 578 230
Xxxxxxx #2 907300 9,640 402 Line >350#
Xxxxx-Xxxxx Xxxx 000000 10,321 A
Xxxxxxxxx 000000 7,300 430 250
Rockmart 903800 7,800 470 250
Xxx'xxxxx Xxxx 000000 19,209 A
Xxxxxx 902800 1,560 65 300
Bremen 903000 5,544 231 300
Carrollton 909000 16,152 673 310
Temple 909200 1,200 50 150
GRAND TOTAL 660,034
Atlanta Gas Light Company Southern Natural Gas Company
By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxxxx
Vice President
Date: 5/6/97 Date: 5/1/97
Exhibit B
Second Revised Exhibit B
Page No. 4 of 5
Effective Date 1997/05/01
ATLANTA GAS LIGHT COMPANY
The legal description of the Delivery Points listed below are more particularly
set forth in the Company's Delivery Point catalogs, a copy of which can be
requested from Company or accessed through SoNet, Company's electronic computer
system. Page 4 of this exhibit reflects Maximum Daily Delivery Quantities for FT
Service Agreement No. 902470.
Delivery Delivery MDDQ Meter Capability Cont.
Point Point in Daily Hourly Press.
Description Code MCF (Mcf/d) (Mcf/h) (psig) Notes
----------- ---- --- ------- ------- ------ -----
Xxxxxxx Xxxx 000000 100,000 A
Xxxxxx lnd'ial 910800 48,000 2,000 Line
Xxxx Xxxxx 000000 20,000 1,000 Line 200# - 335#
So. Atlanta #1 911300 137,000 8,200 000
Xxxxxx Xxxx 911400 270,000 14,000 Line < 335#, B
So. Atlanta #2 911600 172,000 7,165 Line
Marietta 912200 50,000 3,000 Reg 300# - 500#, F
Hampton 913000 4,200 252 290
GRAND TOTAL 100,000
Atlanta Gas Light Company Southern Natural Gas Company
By: /s/ Xxxxxx X. Xxxxxx By: Xxxxx X. Xxxxxx
Vice President
Date: 5/6/97 Date: 5/1/97
Exhibit B
First Revised Exhibit B
Page No. 5 of 5
Effective Date 1998/11/01
Atlanta Gas Light Company
Service Agreement Nos. 904460, 904461 and 902470
(A) Company's obligation to deliver gas at each measurement station
comprising this Delivery Point is limited to the delivery capacity of
Company's facilities (at the measurement station and of the upstream
pipelines serving said station) as it exists from time to time.
(B) At a delivery pressure of 300 PSIG, the maximum hourly rate will be
12,000 Mcf; and the maximum daily rate 258,470 Mcf.
(C) Maximum hourly rate to be 80 Mcf upon the installation of additional
meter (after notification by purchaser) when required increased load.
(D) In accordance with ordering Paragraph (B) of the Commission's Order
issued December 27, 1973, in Docket No. CP74-7, combined deliveries
through the Macon-Milledgeville No. 1 and No. 2 Meter Stations for any
calendar year may not exceed 20,047,991 Mcf.
(E) The maximum hourly volume under Section 10.2 of the General Terms and
Conditions of Company's FERC Gas Tariff shall be the lesser of 6% of the
MDDQ or 2,200 Mcf/h.
(F) Notwithstanding the provisions of Note A to this Exhibit B, once the
facilities proposed in Company's phase II expansion filing to serve
customers in East Tennessee in Docket No. CP97-____ are placed in service,
Company's obligation will be to provide delivery capacity to the Marietta
Delivery Point of 4,000 Mcf of gas per hour on a steady state basis within
AGL's firm transportation capacity of 355,814 Mcf/d for the Atlanta Area.
The maximum hourly volume for the Atlanta Area Delivery Point under
Section 10.2 of the General Terms and conditions of Company's FERC Gas
Tariff shall be 6% of Shipper's total MDDQ for the Atlanta Area Delivery
Point.
