Exhibit 10 (d)
DATE: OCTOBER 25, 1995 CONTRACT NO. 24950
FTS - 1 SERVICE AGREEMENT
This AGREEMENT is entered into by ANR Pipeline Company
(Transporter) and North Shore Gas 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, together
with the terms and conditions of Transporter's applicable Rate Schedule and
General Terms and Conditions of Transporter's FERC Gas Tariff constitute the
transportation service to be provided and the rights and obligations of Shipper
and Transporter.
1. AUTHORITY FOR TRANSPORTATION SERVICE:
284G - Blanket
2. RATE SCHEDULE: FIRM TRANSPORTATION SERVICE (FTS - 1)
3. CONTRACT QUANTITIES:
Primary Routes - see Exhibit attached hereto.
Such Contract Quantities shall be reduced for scheduling purposes, but not
for billing purposes, by the Contract Quantities that Shipper has released
through Transporter's capacity release program for the period of any
release.
4. TERM OF AGREEMENT:
11/01/1995 to
10/31/2000
5. RATES:
Maximum rates, charges, and fees shall be applicable for the entitlements
and quantities delivered pursuant to this Agreement unless Transporter has
advised Shipper in writing or by ANR Xpedite that it has agreed otherwise.
DATE: OCTOBER 25, 1995 CONTRACT NO. 24950
It is further agreed that Transporter may seek authorization from the
Commission and/or other appropriate body at any time and from time to time
to change any rates, charges or other provisions in the applicable Rate
Schedule and General Terms and Conditions of Transporter's FERC Gas Tariff,
and Transporter shall have the right to place such changes in effect in
accordance with the Natural Gas Act. This Agreement shall be deemed to
include such changes and any changes which become effective by operation of
law and Commission order. Nothing contained herein shall be construed to
deny Shipper any rights it may have under the Natural Gas Act, including
the right to participate fully in rate or other proceedings by intervention
or otherwise to contest increased rates in whole or in part.
6. INCORPORATION BY REFERENCE
The provisions of Transporter's applicable Rate Schedule and the General
Terms and Conditions of Transporter's FERC Gas Tariff are specifically
incorporated herein by reference and made a part hereof.
7. NOTICES:
All notices can be given by telephone or other electronic means, however,
such notice shall be confirmed in writing at the addresses below or through
ANR Xpedite. Shipper or Transporter may change the addresses below by
written notice to the other without the necessity of amending this
agreement:
TRANSPORTER:
ANR PIPELINE COMPANY
000 Xxxxxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxxx 00000
Attentions: Gas Control (Nominations)
Volume Management (Statements)
Cash Control (Payments)
Marketing Administration (All Other Matters)
SHIPPER:
NORTH SHORE GAS COMPANY (Shipper Name)
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000 Xxxx Xxxxxxxx, 00xx Xxxxx (Xxxxxxx)
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Xxxxxxx, XX 00000-0000 (City, State, Zip)
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Attention: Raulando X. xxXxxx
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Telephone: (000) 000-0000
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Fax: (000) 000-0000
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DATE: OCTOBER 25, 1995 CONTRACT NO. 24950
INVOICES AND STATEMENTS:
THE PEOPLES GAS LIGHT AND COKE CO. (Shipper Name)
----------------------------------
000 Xxxx Xxxxxxxx, 00xx Xxxxx (Xxxxxxx)
----------------------------------
Xxxxxxx, XX 00000-0000 (City, State, Zip)
----------------------------------
Attention: Raulando X. xxXxxx
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Telephone: (000) 000-0000
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Fax: (000) 000-0000
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NOMINATIONS:
THE PEOPLES GAS LIGHT AND COKE CO. (Shipper Name)
----------------------------------
000 Xxxx Xxxxxxxx, 00xx Xxxxx (Xxxxxxx)
----------------------------------
Xxxxxxx, XX 00000-0000 (City, State, Zip)
----------------------------------
Attention: Xxxxxx X. Xxxxxxx
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Telephone: (000) 000-0000
---------------------
Fax: (000) 000-0000
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Mechanical Dialing
Device No(s)
-------------------------------
ALL OTHER MATTERS:
THE PEOPLES GAS LIGHT AND COKE CO. (Shipper Name)
----------------------------------
000 Xxxx Xxxxxxxx, 00xx Xxxxx (Xxxxxxx)
----------------------------------
Xxxxxxx, XX 00000-0000 (City, State, Zip)
----------------------------------
Attention: Raulando X. xxXxxx
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Telephone: (000) 000-0000
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Fax: (000) 000-0000
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DATE: OCTOBER 25, 1995 CONTRACT NO. 24950
8. FURTHER AGREEMENT
A. The rate for all quantities of gas transported on the Primary Route(s)
up to the Primary Route MDQ(s) under this Agreement shall be the
current FERC Tariff Rates in effect not to exceed $0.15 per dth on a
100% load factor basis inclusive of Volumetric Buyout/Buydown, GRI,
Dakota and Transition Costs. In addition, Shipper will be charged
ACA, fuel and any other related fees or surcharges.
B. All quantities associated with Secondary Receipt Points, Secondary
Delivery Points, Secondary Routes and the releases of the capacity
under this Agreement will be at Maximum Tariff Rates plus all other
related fees, surcharges and fuel.
C. Shipper and any Agent of Shipper agree that the rates stated herein
shall be confidential and shall be maintained confidentially by
Shipper and any Agent of Shipper. Shipper may disclose such rates only
if such disclosure is required by law and Shipper requests
confidential or privileged treatment under applicable statutes, rules
and regulations, and provides reasonable notice to Transporter prior
to such disclosure. Any unauthorized disclosure of the rates stated
herein shall have the effect of terminating from the date the
discounted rate is disclosed any rate discounts reflected herein such
that, for the remaining term of this Agreement, Shipper shall be
required to pay Transporter the maximum applicable rate for service,
as well as all other charges, surcharges or direct xxxx applicable to
such service.
D. Shipper waives its right to segment its FTS-1 capacity during the term
of this Agreement.
E. If FTS-1 Agreement No. 24400 is terminated after one (1) year of
service, this Agreement shall be amended to change the Primary
Delivery Point to East Joliet only with a 100% load factor rate of
$0.12 per dth inclusive of Volumetric Buyout/Buydown, GRI, Dakota and
Transition Costs. In addition, Shipper will be charged ACA, fuel and
any other related fees or surcharges.
F. During the November 1, 1995 to April 30, 1996, October through April
(1996 - 2000) and October 1-31, 2000 periods, Shipper can nominate up
to 37,500 dth/day from Crystal Falls to either Monclova or East Joliet
as long as the total combined nomination does not exceed 37,500
dth/day.
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DATE: OCTOBER 25, 1995 CONTRACT NO. 24950
G. Consistent with provisions of its Tariff, Transporter is willing to
contract on Shipper's behalf for capacity required on third party
transporters, or for other services to effectuate Shipper's receipt of
gas on third party facilities and delivery of gas to Transporter's
facilities.
Shipper must advise Transporter prior to commencement of such third
party transportation of its desire to have Transporter act in such a
capacity.
Shipper agrees to pay all charges related to such third party
transportation arrangements pursuant to Transporter's Tariff.
H. To the extent Shipper desires to utilize receipt/delivery points
pursuant to Part 284 B (Section 311 of the NGPA and Section 284.102 of
the Commission's regulations), Shipper must execute a separate
agreement with Transporter and Shipper must also certify that the
transportation of gas will be on behalf of either an "intrastate
pipeline" or a "local distribution company."
9. OPERATIONAL FLOW ORDERS
Shipper hereby guarantees to Transporter that each contract it has entered
into in connection with the Gas to be transported under this Agreement
contains a provision that permits Transporter to issue an effective
Operational Flow Order pursuant to Section 8 of the General Terms and
Conditions. Shipper shall also guarantee for any supply contract for Gas
that is transported via Viking Gas Transmission Company, that Transporter
shall be designated a third party beneficiary.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
by their respective Officers or Representatives thereunto duly authorized to be
effective as of the date stated above.
North Shore
SHIPPER: Gas Company TRANSPORTER: ANR Pipeline Company
By: /s/ X. X. Xxxxxxx By: /s/ Xxxxx X. Xxxxxxxx
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Title: Vice President Title: Assistant Vice President
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Date: 11/13/95 Date: 11/16/95
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PRIMARY XXXXX XXXXXXX Xxxxxxxx Xx. 00000
To Agreement Between Contract Rate FTS-1
ANR Pipeline Company (Transporter) Contract Date October 25, 1995
and North Shore Gas Company (Shipper) Amendment Date -
RECEIPT RECEIPT DELIVERY DELIVERY MDQ
NUMBER NAME NUMBER NAME (DTH) EFFECTIVE PERIOD
---------- ------------------------ ---------- ------------- ------ ---------------------
037000700 Crystal Falls/Xxxxxxx Xx 032110400 Monclova (0) 00000 00/01/95 to 04/30/96
032200100 East Joliet
037000700 Crystal Falls/Xxxxxxx Xx 032200100 East Joliet 37500 MAY - SEPTEMBER
(1996 - 2000)
037000700 Crystal Falls/Xxxxxxx Xx 032110400 Monclova (0) 00000 XXXXXXX - APRIL
032200100 East Joliet (1996 - 2000)
037000700 Crystal Falls/Xxxxxxx Xx 032110400 Moncolva (1) 37500 10/01/2000 to 10/31/2000
032200100 East Joliet
(1) The Primary Delivery Point of Monclova can be used during the months of
October through April only; the Primary Delivery Point of East Joliet can be
used through the term of the Agreement.
