Contract #502
STORAGE SERVICE AGREEMENT
This STORAGE SERVICE AGREEMENT, hereinafter referred to as "Agreement,"
made and entered into on this 13th day of October, 1993, by and between
Mississippi River Transmission Corporation, a Delaware corporation,
hereinafter called "MRT," and Laclede Gas Company, a Missouri corporation,
hereinafter called "Customer."
WHEREAS, Customer, a local distribution company, has submitted a valid
request time and date stamped 5:00 p.m. CST on October 1, 1993 that MRT
provide it with natural gas storage service; and
WHEREAS, MRT owns and operates natural gas storage fields as part of its
interstate natural gas pipeline system and has agreed to provide such
storage service for Customer subject to the terms and conditions hereof; and
WITNESSETH: That, in consideration of the mutual covenants herein
contained, the parties hereto agree that MRT shall provide natural gas
storage service for Customer, on a firm basis, and Customer shall furnish,
or cause to be furnished, to MRT natural gas for such storage during the
term hereof, at the prices and on the terms and conditions hereinafter
provided.
ARTICLE 1
TERM
Section 1.1 - This Agreement shall become effective as of November 1,
1993, and shall continue for a primary term ending October 31, 1999;
provided, however, that this Agreement shall continue from year to year
thereafter unless and until terminated by either MRT or Customer by written
notice to the other delivered at least six (6) calendar months prior to the
next succeeding year of the Agreement.
Section 1.2 - Upon termination hereof for whatever reason, Customer
agrees to stop delivering gas to MRT for storage hereunder. In addition,
upon termination of this Agreement, Customer agrees that it will thereafter
make no further demand for service hereunder and MRT agrees that it will
make no further demand for the continuation of services or any payment
related thereto, other than payments which are due with respect to any
services previously provided. Customer agrees to cooperate with and assist
MRT in obtaining whatever regulatory approvals and authorizations, if any,
as are necessary or appropriate in view of such termination and abandonment
of service hereunder.
Section 1.3 - Termination of this Agreement shall not relieve either
party of any obligation that might otherwise exist
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to correct any volume imbalance hereunder nor relieve Customer of its
obligation to pay any monies due hereunder to MRT.
Section 1.4 - In accordance with the terms and conditions of Section 19
of the General Terms and Conditions, if Customer fails to pay within thirty
(30) days after payment is due all of the amount of any xxxx for service
rendered by MRT hereunder, MRT, upon ten (10) days' written notice to
Customer, may suspend further injections and/or withdrawals of gas until
such amount is paid, or satisfactory credit arrangements have been made in
accordance with Section 5 of the General Terms and Conditions of MRT's FERC
Gas Tariff, Third Revised Volume No. 1 (General Terms and Conditions). If
Customer fails to pay or make satisfactory credit arrangements within such
ten (10) day notice period, MRT, in addition to any other remedy it may have
hereunder, may, upon thirty (30) days' written notice to Customer, terminate
this Agreement and cease further injections and/or withdrawals of gas on
behalf of Customer.
ARTICLE 2
RATE SCHEDULE
Section 2.1 - Service hereunder shall be provided pursuant to Rate
Schedule FSS of MRT's FERC Gas Tariff, Third Revised Volume No. 1. Customer
will provide fuel in kind.
Section 2.2 - This Agreement shall be subject to the provisions of the
applicable rate schedule as well as the General Terms and Conditions set
forth in MRT's FERC Gas Tariff, Third Revised Volume No. 1, as on file and
in effect from time to time, and such provisions are incorporated herein by
this reference. Any curtailment of storage service hereunder shall be in
accordance with the priorities set out in MRT's General Terms and
Conditions. To the extent not inconsistent with effective law, MRT shall
have the right to determine the priority and/or scheduling of the storage
service under this Agreement and to revise the priority and/or scheduling of
this storage service from time to time.
Section 2.3 - MRT shall have the right at any time and from time to
time to file and place into effect unilateral changes or modifications in
the rates and charges, and other terms and conditions of service hereunder,
as set forth in the applicable rate schedule and in the General Terms and
Conditions, in accordance with the Natural Gas Act or other applicable law.
ARTICLE 3
QUANTITIES
Subject to the terms, conditions and limitations hereof and of MRT's
Rate Schedule FSS, MRT agrees to provide firm service for Customer and to
receive and store for Customer's account quantities of natural gas up to the
following contracted storage
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capacity: 23,550,243 MMBtu based on a heat content of 1,020 Btu per cubic
foot, which shall be the Maximum Stored Quantity (MSQ). Customer's Maximum
Daily Withdrawal Quantity (MDWQ) shall be 410,231 MMBtu. Daily injection
and withdrawal quantities shall be governed by Rate Schedule FSS.
ARTICLE 4
RATE
Section 4.1 - Customer shall pay, or cause to be paid, to MRT each
month for all services provided hereunder the maximum applicable rate and
any other charges specified in MRT's FERC Gas Tariff, Third Revised Volume
No. 1, as on file and in effect from time to time, for service(s) rendered
hereunder, unless otherwise agreed in writing by MRT and Customer. The
maximum applicable rate(s) as of the effective date of this Agreement to be
charged by MRT for the service(s) to be provided hereunder are set forth on
Exhibit A.
Section 4.2 - In the event that MRT places on file with the Commission
another rate schedule which may be applicable to service rendered hereunder,
then MRT, at its option, may, from and after the effective date of such rate
schedule, utilize such rate schedule in the performance of this Agreement.
Such rate schedule or superseding rate schedule(s) and any revisions thereof
which shall be filed and become effective shall apply to and be a part of
this Agreement. MRT shall have the right to propose, file and make
effective with the Commissison, or other body having jurisdiction, changes
and revisions of any effective rate schedule(s) and/or General Terms and
Conditions, or to propose, file, and make effective superseding rate
schedules and/or General Terms and Conditions, for the purpose of changing
the rates, charges, and other provisions thereof effective as to Customer.
ARTICLE 5
ASSIGNMENT
Section 5.1 - This Agreement shall not be assigned by Customer in whole
or in part without MRT's prior written consent, which consent shall not be
unreasonably withheld, provided however, that Customers under Rate Schedule
FSS may release their capacity consistent with the terms and conditions of
the applicable rate schedule and the General Terms and Conditions of MRT's
FERC Gas Tariff, Third Revised Volume No. 1. In addition to all other
rights and remedies, MRT may terminate the Agreement immediately if it is
assigned by Customer without MRT's consent, whether the assignment or
contract be voluntary or by operation of law or otherwise. Subject to the
above, the respective rights and obligations of the parties under the
Agreement shall extend to and be binding upon their heirs, successors,
assigns and legal representatives.
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ARTICLE 6
NOTICES
Section 6.1 - Any notice, statement, or xxxx provided for in this
Agreement shall be in writing and shall be considered as duly delivered when
hand-delivered, telecopied, or when received by the other party if mailed by
United States mail, postage prepaid, to the following addresses (unless and
until either party notifies the other, in writing of a change in its
address):
To Customer: Laclede Gas Company
Payments
Xxxxx Xxxxxxx
000 Xxxxx Xxxxxx, Xxxx 0000
Xx. Xxxxx, XX 00000
(000) 000-0000
Notices
Xxxxx Xxxxxxx
000 Xxxxx Xxxxxx, Xxxx 0000
Xx. Xxxxx, XX 00000
(000) 000-0000
Telecopy
(000) 000-0000
To MRT: Mississippi River Transmission Corporation
Payments
P. O. Xxx 000000
Xx. Xxxxx, XX 00000-0000
Notices
Transportation Services
0000 Xxxxxxx Xxxx
Xx. Xxxxx, XX 00000
Nominations (other than electronic)
Transportation Services
0000 Xxxxxxx Xxxx
Xx. Xxxxx, XX 00000
Telecopy: (000) 000-0000
Pipeline Operations
Gas Control Department
0000 Xxxxxxx Xxxx
Xx. Xxxxx, XX 00000
Telephone: (000) 000-0000
Section 6.2 - Each party shall notify the other in writing of the name,
address, telephone number and telecopy number of the person or persons who
shall have authority to act for such party in connection with this
Agreement, and operating notices shall thereafter be served upon such person
or persons.
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ARTICLE 7
MISCELLANEOUS
Section 7.1 - This Agreement constitutes the entire agreement between
the parties and no waiver, representation or agreement, oral or otherwise,
shall affect the subject matter hereof unless and until such waiver,
representation or agreement is reduced to writing and executed by authorized
representatives of the parties. No waiver by either Customer or MRT of any
one or more defaults by the other in performance of any of the provisions of
the Agreement shall operate or be construed as a waiver of any other
existing or future default or defaults, whether of a like or of a different
character.
Section 7.2 - Exhibit A attached hereto is incorporated into this
Agreement in its entirety.
Section 7.3 - [This Agreement supersedes and cancels the Storage
Service Agreement dated not applicable between the parties hereto.]
Section 7.4 - [Complete as applicable]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date hereinabove first written.
ATTEST: MISSISSIPPI RIVER TRANSMISSION
CORPORATION
s/Xxxxxxx X. Xxxxxxxxxx By s/Xxxxx X. Xxxxx (AVS)
Secretary Xxxxx X. Xxxxx
0000 Xxxxxxx Xxxx
Xx. Xxxxx, XX 00000
ATTEST: LACLEDE GAS COMPANY
s/X. X. Xxxxxxx By s/Xxxxxxx X. Xxxxxx
Secretary Xxxxxxx X. Xxxxxx
Vice President-Operations,
Gas Supply and Technical Services
000 Xxxxx Xxxxxx
Xx. Xxxxx, XX
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EXHIBIT A
BASE
TYPE OF SERVICE RATE*
Firm Storage Service
(Rate Schedule FSS) Deliverability Charge
(Maximum): $0.957/MMBtu
Capacity Charge
(Maximum): 21.09 cents/MMBtu
Injection Charge
(Maximum): 0.52 cents/MMBtu
Withdrawal Charge
(Maximum): 0.52 cents/MMBtu
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