Exhibit 10-A-33.2
AMENDMENT TO AMENDED AND RESTATED
GAS SALES AGREEMENT
THIS AMENDMENT ("Amendment") to that certain Amended and Restated Gas Sales
Agreement by and between TRANSCO ENERGY MARKETING COMPANY ("Seller") and PUBLIC
SERVICE COMPANY OF NORTH CAROLINA, INC. ("Buyer"), dated November 1, 1990
("Agreement"), is made and entered into as of the Ist day of November 1998.
WHEREAS, Buyer requested redetermination of the Base Contract Price under
Article VII, Paragraph 8.05(a) of the Agreement; and
WHEREAS, Buyer and Seller have reached agreement on the terms of the
amendment of the Agreement as set forth below;
NOW, THEREFORE, Seller and Buyer agree as follows:
1 . Amended Summer Period Minimum Quantity. In Article IV, Paragraph 4.03
(a) of the Agreement, the phrase "forty percent (40%)" shall be replaced with
the phrase "fifty percent (50 %). "
2. Amended Contract Year Minimum Quantity. In Article IV, Paragraph 4.03(b)
of the Agreement, the phrase "sixty percent (60%)" shall be replaced with the
phrase "seventy" five percent (75 %). "
3. Amended Price. In Article VIII, Paragraph 8.01(a) of the Agreement, the
phrase "eighteen cents ($.18) " shall be replaced with the phrase "four cents
($.04). "
4. Effective Dates. This Amendment shall be effective November 1, 1998,
and continue through the later of October 31, 2000, or such time as the Base
Contract Price is renegotiated pursuant to Article VIII, Paragraph 8.05(a) of
the Agreement.
5. Entire Agreement; Construction.
a. This Amendment shall constitute an integral part of the
Agreement and shall be read and construed as one with the Agreement and,
together with the Agreement, constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and thereof.
b. Capitalized terms used in this Amendment but not defined
shall have the meaning ascribed to them in the Agreement.
Amendment to Amended and Restated Gas Sales Agreement Public Service Company of
North Carolina, Inc.
Page 2 of 2
c. Except as specifically amended herein, all terms, conditions and
provisions contained in the Agreement shall remain unchanged and in full force
and effect.
d. Any discrepancy between the terms and conditions set forth in this
Amendment and the terms and conditions set forth in the Agreement shall be
resolved in favor of the terms and conditions set forth in this Amendment.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by
their respective representatives.
TRANSCO ENERGY MARKETING
COMPANY
By: /s/ H. Xxxx Xxxxx, II
Name: H. Xxxx Xxxxx, II
Title: Vice President - Sales & Supply
Date: November 25, 1998
PUBLIC SERVICE COMPANY OF
NORTH CAROLINA, INC.
By: /s/ Xxxxxxxx X. Xxxx
Name: Xxxxxxxx X. Xxxx
Title: Vice President-Marketing & Gas Supply
Date: November 24, 1998
