Contract No. 33136000A
FIRM TRANSPORTATION SERVICE AGREEMENT
RATE SCHEDULE TF-1
BETWEEN
COLORADO INTERSTATE GAS COMPANY
AND
CONSOLIDATED INDUSTRIAL SERVICES, INC.
DATED: MARCH 20, 1997
FIRM 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: Consolidated Industrial Services, Inc.
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No. 1, as the same may be amended or superseded from time to time ("the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
Xxxxxxx'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: Xxxxxxx 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
Xxxxxxx's account) at the Primary Point(s) of Delivery identified in
Exhibit "A."
7. RATES AND SURCHARGES: As set forth in Exhibit "B."
8. MAXIMUM DELIVERY QUANTITY ("MDQ"): Xxxxxxx's MDQ shall be as set forth
below:
MDQ
CONTRACT YEAR(S) (DTH PER DAY)
----------------------------------------------------------
MARCH 20, 1997 THROUGH DECEMBER 31, 1997 2,000
JANUARY 1, 1998 THROUGH DECEMBER 31, 1998 4,000
JANUARY 1, 1999 THROUGH DECEMBER 31, 2012 6,000
Shipper shall have a one-time option to forego the additional Dth per Day
of MDQ scheduled to go into effective on January 1, 1999. This option may be
exercised only if Shipper does not have sufficient gas production from its
leases to fill the MDQ of 6,000 Dth per Day. This option must be exercised
in writing by Xxxxxxx by no later than January 1, 1998.
9. TERM OF AGREEMENT: Beginning: March 20, 1997
Extending through: December 31, 2012
10. NOTICES, STATEMENTS, AND BILLS:
TO SHIPPER:
INVOICES FOR TRANSPORTATION:
Enron Capital & Trade Resources
0000 00xx Xxxxxx, Xxxxx 0000
Xxxxxx, Xxxxxxxx 00000
Attention: Xxxxx Xxxxxxxx, Agent
ALL NOTICES:
Consolidated Industrial Services, Inc.
000 Xxxx 00xx
Xxxxxxx, Xxxxxx 00000
Attention: Xxxxxxx X. Xxxx
TO TRANSPORTER:
See Payments, Notices, Nominations, and Points of Contract sheets
in the Tariff.
11. SUPERSEDES AND CANCELS PRIOR AGREEMENT: 33136000.
12. ADJUSTMENT TO RATE SCHEDULE TF-1 AND/OR GENERAL TERMS AND CONDITIONS: N/A.
13. 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 12 of the Agreement).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
TRANSPORTER: SHIPPER:
COLORADO INTERSTATE GAS COMPANY CONSOLIDATED INDUSTRIAL SERVICES, INC.
By /s/ Xxxxxx X. Xxxxx By /s/ Xxxxxxx X. Xxxx
--------------------------- ---------------------------
Xxxxxx X. Xxxxx Xxxxxxx X. Xxxx
Senior Vice President ---------------------------
(Print or type name)
President
---------------------------
(Print or type title)
2
EXHIBIT "A"
FIRM TRANSPORTATION SERVICE AGREEMENT
BETWEEN
COLORADO INTERSTATE GAS COMPANY
AND
CONSOLIDATED INDUSTRIAL SERVICES, INC.
AGREEMENT DATED: MARCH 1, 1997
AMENDMENT DATED: MARCH 20, 1997
1. Xxxxxxx's Maximum Delivery Quantity ("MDQ"): Shall be as set forth as
stated in Paragraph 8.
PRIMARY POINT(S) OF
RECEIPT QUANTITY MAXIMUM RECEIPT
PRIMARY POINT(S) OF RECEIPT (DTH PER DAY) PRESSURE
(NOTE 1) (NOTE 2) P.S.I.G.
-----------------------------------------------------------------------------
Xxxxxxxxx Meter Station See Paragraph 8 1,220
PRIMARY POINT(S) OF MAXIMUM RECEIPT
PRIMARY POINT(S) OF RECEIPT DELIVERY QUANTITY PRESSURE
(NOTE 1) (DTH PER DAY) P.S.I.G.
-----------------------------------------------------------------------------
Xxxxx See Paragraph 8 650
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.
Page 1 of 2
EXHIBIT "B"
FIRM TRANSPORTATION SERVICE AGREEMENT
BETWEEN
COLORADO INTERSTATE GAS COMPANY
AND
CONSOLIDATED INDUSTRIAL SERVICES, INC.
AGREEMENT DATED: MARCH 1, 1997
AMENDMENT DATED: MARCH 20, 1997
PRIMARY PRIMARY R(1)
POINT(S) OF POINT(S) OF RESERVATION COMMODITY FUEL
RECEIPT DELIVERY RATE RATE TERM OF RATE REIMBURSEMENT SURCHARGES
----------------------------------------------------------------------------------------------
Xxxxxxxxx Xxxxx (Notes 4 (Note 5) 3/20/97 (Note 2) (Note 3)
Meter and 5) through
Station 12/31/2012
SECONDARY SECONDARY R(1)
POINT(S) OF POINT(S) OF RESERVATION COMMODITY FUEL
RECEIPT DELIVERY RATE RATE TERM OF RATE REIMBURSEMENT SURCHARGES
----------------------------------------------------------------------------------------------
All All (Note 1) (Note 1) 3/20/97 (Note 2) (Note 3)
through
12/31/2012
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.
Page 2 of 2
EXHIBIT "B"
NOTES: (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.
GQC:
The Gas Quality Control Surcharge 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.
HFS:
The Hourly Flexibility Surcharge will be assessed pursuant to
Article 20 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 assesed pursuant to Article 19 of the
General Terms and Conditions as set forth in The Tariff.
(4) If Shipper releases any of its capacity (i.e., becomes a
Releasing Shipper under Transporter's Capacity Release Program)
and the Replacement Shipper is paying more than the Releasing
Shipper, Transporter shall be entitled to the difference, if
any, between the reservation charge(s), including all
applicable surcharges, being paid by the Replacement Shipper,
and the reservation charges, including all applicable
surcharges, being paid by the Releasing Shipper.
(5) The rates for service shall be Transporter's maximum rates under
Rate Schedule TF-1, in The Tariff as of October 1, 1996, subject
to refund. Once the maximum TF-1 rates are approved by the FERC
in Rate Proceeding Docket No. RP96-190 ("Approved Rate"), such
rate shall remain fixed for the remainder of the term of this
Agreement. In the event Transporter is not permitted (by virtue
of The Tariff, FERC ruling, or otherwise) to collect the
Approved Rate. Transporter and Shipper shall negotiate an
amendment to this Agreement or other arrangement which places the
Parties in the same economic position they would have been in
had Transporter been permitted to collect the full Approved Rate.
