FTS - 1 SERVICE AGREEMENT
Exhibit 10(u)
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Date: March 20, 2003 |
Contract No.: 109026 |
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:
(284B = Section 311; 284G = Blanket)
284G
2. RATE SCHEDULE: Firm Transportation Service (FTS - 1)
3. CONTRACT QUANTITIES:
Primary Route- 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:
April 01,2003 to
March 31,2006
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Date: March 20, 2003 |
Contract No.: 109026 |
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 GEMStm that it has agreed otherwise.
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 changes in 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 notices shall be confirmed in writing at the addresses below or through GEMStm. Shipper and Transporter may change the addresses below by written notice to the other without the necessity of amending this Agreement:
TRANSPORTER:
ANR PIPELINE COMPANY
0 XXXXXXXX XXXXX
XXXXXXX, XX 00000-0000
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Attention: |
TRANSPORTATION SERVICES |
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Date: March 20, 2003 |
Contract No.: 109026 |
SHIPPER:
NORTH SHORE GAS COMPANY
% PEOPLES GAS LIGHT AND COKE
000 X XXXXXXXX XXX
0000
XXXXXXX, XX 00000
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Attention: |
XXXX WEAR |
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Telephone: |
000-000-0000 |
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Fax: |
000-000-0000 |
INVOICES AND STATEMENTS:
NORTH SHORE GAS COMPANY
C/O PEOPLES GAS LIGHT & COKE
000 X XXXXXXXX 00XX XXX
XXXXXXX, XX 00000-0000
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Attention: |
XXX XXXXX |
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Telephone: |
000-000-0000 |
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Fax: |
000-000-0000 |
NOMINATIONS:
NORTH SHORE GAS COMPANY
% PEOPLES GAS LIGHT AND COKE
000 X XXXXXXXX XXX
0000
XXXXXXX, XX 00000
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Attention: |
XXX XXXXX |
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Telephone: |
000-000-0000 |
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Fax: |
000-000-0000 |
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Date: March 20, 2003 |
Contract No.: 109026 |
ALL OTHER MATTERS:
NORTH SHORE GAS COMPANY
% PEOPLES GAS LIGHT AND COKE
000 X XXXXXXXX XXX
0000
XXXXXXX, XX 00000
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Attention: |
XXXX WEAR |
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Telephone: |
000-000-0000 |
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Fax: |
000-000-0000 |
8. FURTHER AGREEMENT:
A. The rate for the Primary Route MDQ as listed in the attached Primary Route Exhibit and secondary receipts/deliveries as listed below shall be a Monthly Reservation Rate of $2.8140 per dth and the applicable Commodity Rate (equivalent on a daily basis to a 100% Load Factor Rate of $0.1000 per dth). This rate shall be inclusive of Dakota Surcharge, Transition Costs, and any other fees or surcharges under Transporter's FERC Gas Tariff; not to exceed the total of Transporter's Maximum Reservation, Commodity and applicable surcharge rates. In addition, Shipper shall be charged ACA and Transporter's Use (Fuel) in accordance with Transporter's FERC Gas Tariff. Shipper shall not be charged for GRI surcharges, unless and to the extent that Transporter is required to collect and/or remit such charges to GRI.
Secondary Receipt(s): None
Secondary Delivery(ies): None
B. The mutually agreed upon rate for the use of any point not listed in Paragraph A above shall be ANR's Maximum Applicable Reservation and Maximum Applicable Commodity Rates under FTS-l service. In addition, Shipper shall be charged ACA, Transporter's Use, Dakota Surcharge, Transition Costs and any other fees or surcharges under Transporter's FERC Gas Tariff.
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Date: March 20, 2003 |
Contract No.: 109026 |
C. In addition, if one rate component which was at or below the applicable Maximum Rate at the time this 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, as long as none of the resulting rate components exceeds 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 sheet rates. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective Officers or Representatives there unto duly authorized to be effective as of the date stated above.
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SHIPPER: NORTH SHORE GAS COMPANY |
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By: |
/s/ Xxxxxxx X. Xxxxxx |
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Title: |
Executive Vice President |
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Date: |
March 28, 2003 |
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TRANSPORTER: ANR PIPELINE COMPANY |
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By: |
/s/ Xxxxxx X. Xxxxxxx |
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Title: |
Agent and Attorney-in-Fact |
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Date: |
4/8/03 |
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PRIMARY ROUTE EXHIBIT |
Contract No: |
109026 |
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To Agreement Between |
Rate Schedule: |
FTS-1 |
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ANR PIPELINE COMPANY (Transporter) |
Contract Date: |
March 20, 2003 |
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AND NORTH SHORE GAS COMPANY (Shipper) |
Amendment Date: |
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Receipt |
Delivery |
Annual |
Winter |
Summer |
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Location |
Location |
MDQ |
MDQ |
MDQ |
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Name |
Name |
(DTH) |
(DTH) |
(DTH) |
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246067 |
153808 |
0 |
20000 |
0 |
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WILL COUNTY INT |
ANRPL STORAGE FACILITIES |
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FROM: November 01, 2005 |
TO: March 31, 2006 |
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246067 |
153808 |
0 |
20000 |
0 |
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WILL COUNTY INT |
ANRPL STORAGE FACILITIES |
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FROM: November 01, 2004 |
TO: March 31, 2005 |
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246067 |
153808 |
0 |
20000 |
0 |
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WILL COUNTY INT |
ANRPL STORAGE FACILITIES |
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FROM: November 01, 2003 |
TO: March 31, 2004 |
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