1
EXHIBIT 10.40
SERVICE AGREEMENT NO. 49776
CONTROL NO. 1995-04-30-0079
SST SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 22nd day of November, 1995, by and
between:
COLUMBIA GAS TRANSMISSION CORPORATION
("SELLER")
AND
PIEDMONT NATURAL GAS CO
("BUYER")
WITNESSETH: That in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
Section 1. Service to be Rendered. Seller shall perform and BUYER shall receive
service in accordance with the provisions of the effective SST Rate Schedule
and applicable General Terms and Conditions of Seller's FERC Gas Tariff, Second
Revised Volume No. 1 (Tariff), on file with the Federal Energy Regulatory
Commission (Commission), as the same may be amended or superseded in accordance
with the rules and regulations of the Commission. The maximum obligation of
Seller to deliver gas hereunder to or for BUYER, the designation of the points
of delivery at which Seller shall deliver or cause gas to be delivered to or
for BUYER, and the points of receipt at which BUYER shall deliver or cause gas
to be delivered, are specified in Appendix A, as the same may be amended from
time to time by agreement between BUYER and Seller, or in accordance with the
rules and regulations of the Commission. Service hereunder shall be provided
subject to the provisions of Part 284.223 of Subpart G of the Commission's
regulations. BUYER warrants that service hereunder is being provided on behalf
of BUYER.
Section 2. Term. Service under this Agreement shall commence as of NOVEMBER 01,
1998, or upon completion of facilities and shall continue in full force and
effect until OCTOBER 31, 2013, and from YEAR-to-YEAR thereafter unless
terminated by either party upon 2 YEARS' written notice to the other prior to
the end of the initial term granted or any anniversary date thereafter.
Pre-granted abandonment shall apply upon termination of this Agreement, subject
to any right of first refusal BUYER may have under the Commissions regulations
and Seller's Tariff.
Section 3. Rates. BUYER shall pay Seller the charges and furnish Retainage as
described in the above-referenced Rate Schedule, unless otherwise agreed to by
the parties in writing and specified as an amendment to this Service Agreement.
Section 4. Notices. Notices to Seller under this Agreement shall be addressed
to it at Xxxx Xxxxxx Xxx 0000, Xxxxxxxxxx, Xxxx Xxxxxxxx 00000-0000, Attention:
Manager - Agreements Administration and notices to BUYER shall be addressed to
it at:
2
SERVICE AGREEMENT NO. 49776
CONTROL NO. 1995-04-30-0079
SST SERVICE AGREEMENT
PIEDMONT NATURAL GAS CO
0000 XXXXXXX XXXX
XXXXXXXXX, XX 00000
ATTN: XXXXX XXXXXXX
until changed by either party by written notice.
Section 5. Superseded Agreements. This Service Agreement supersedes and
cancels, as of the effective date hereof, the following Service Agreements: N/A
PIEDMONT NATURAL GAS CO
By: /s/ X.X. Xxxxxxx
-------------------------------------------
Name: Xxxxx X. Xxxxxxx
----------------------------------------
Title: Vice President - Gas Supply
----------------------------------------
Date: November 22, 1995
----------------------------------------
COLUMBIA GAS TRANSMISSION CORPORATION
By: /s/ X. X. Xxxxxxx
-------------------------------------------
Name: Xxxxxxx X. Xxxxxxx
----------------------------------------
Title: Vice President
----------------------------------------
Date: November 27, 1995
----------------------------------------
3
Revision No.
Control No. 1995-04-30-0079
Appendix A To Service Agreement No. 49776
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (BUYER) PIEDMONT NATURAL GAS CO
October through March Transportation Demand 19,169 Dth/day
April through September Transportation Demand 9,584 Dth/day
Primary Receipt Points
Scheduling Scheduling Maximum Daily
Point No. Point Name Quantity (Dth/Day)
---------------------------------------------------------------------------
STOW STORAGE WITHDRAWALS 19,169
4
Revision No.
Control No. 1995-04-30-0079
Appendix A to Service Agreement No. 49776
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (BUYER) PIEDMONT NATURAL GAS CO
Primary Delivery Points
------------------ ------------------------------- --------------- -------------------------- -------------------------- ----------
Footnote
Maximum S1/
Maximum Daily Delivery
Delivery Obligation Pressure
Scheduling Scheduling Measuring Measuring (Dth/Day) Obligation
Point No. Point name Point No. Point Name (PSIG)
------------------ ------------------------------- --------------- -------------------------- -------------------------- ----------
833097 TRC XXXXXXX TAVERN 833097 TRC BOSWELLS TAVERN 19,169 750
------------------ ------------------------------- --------------- -------------------------- -------------------------- ----------
5
Revision No.
Control No. 1995-04-30-0079
Appendix A to Service Agreement No. 49776
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (BUYER) PIEDMONT NATURAL GAS CO
--------------- ----------------------------------------------------------------
S1 / IF A MAXIMUM PRESSURE IS NOT SPECIFICALLY STATED, THEN SELLER'S
OBLIGATION SHALL BE AS STATED IN SECTION 13 (DELIVERY PRESSURE)
OF THE GENERAL TERMS AND CONDITIONS.
--------------- ----------------------------------------------------------------
GFNT / THIS SERVICE AGREEMENT AND ITS EFFECTIVENESS ARE SUBJECT TO
PRECEDENT AGREEMENT NO. 47762 BETWEEN BUYER AND SELLER DATED
MAY 11, 1995.
UNLESS STATION SPECIFIC MDDOS ARE SPECIFIED IN A SEPARATE FIRM
SERVICE AGREEMENT BETWEEN SELLER AND BUYER, SELLER'S AGGREGATE
MAXIMUM DAILY DELIVERY OBLIGATION, UNDER THIS AND ANY OTHER
SERVICE AGREEMENT BETWEEN SELLER AND BUYER, AT THE STATIONS
LISTED ABOVE SHALL NOT EXCEED THE MDDO QUANTITIES SET FORTH
ABOVE FOR EACH STATION. ANY STATION SPECIFIC MDDOS IN A
SEPARATE FIRM SERVICE AGREEMENT BETWEEN SELLER AND BUYER SHALL
BE ADDITIVE TO THE INDIVIDUAL STATION MDDOS SET FORTH ABOVE.
--------------------------------------------------------------------------------
6
Revision No.
Control No. 1995-04-30-0079
Appendix A to Service Agreement No. 49776
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (BUYER) PIEDMONT NATURAL GAS CO
The Master List of Interconnection (MLI) as defined in Section 1 of the General
Terms and Conditions of Seller's Tariff is incorporated herein by reference for
the purposes of listing valid secondary receipt and delivery points.
Service changes pursuant to this Appendix A shall become effective as of
NOVEMBER 01, 1998, or upon completion of facilities. This Appendix A shall
cancel and supersede the previous Appendix A effective as of N/A, to the
Service Agreement referenced above. With the exception of this Appendix A, all
other terms and conditions of said Service Agreement shall remain in full force
and effect.
PIEDMONT NATURAL GAS CO
By: /s/ X.X. Xxxxxxx
------------------------------------------
Name: X.X. Xxxxxxx
---------------------------------------
Title: Vice President - Gas Supply
---------------------------------------
Date: November 22, 1995
---------------------------------------
COLUMBIA GAS TRANSMISSION CORPORATION
By: /s/ X. X. Xxxxxxx
------------------------------------------
Name: Xxxxxxx X. Xxxxxxx
---------------------------------------
Title: Vice President
---------------------------------------
Date: November 27, 1995
---------------------------------------
