EXHIBIT 10.57
SERVICE AGREEMENT UNDER RATE SCHEDULE WSS-OPEN ACCESS
THIS AGREEMENT entered into this 30th day of January, 2004, by and between
TRANSCONTINENTAL GAS PIPE LINE CORPORATION, a Delaware corporation, hereinafter
referred to as "Seller", first party, and PIEDMONT NATURAL GAS COMPANY, INC.,
hereinafter referred to as "Buyer", second party,
W I T N E S S E T H:
WHEREAS, Seller has made available to Buyer storage capacity from its
Washington Storage Field under Part 284 of the Commission's Regulations; and
Buyer desires to purchase and Seller desires to sell natural gas storage service
under Seller's Rate Schedule WSS-Open Access as set forth herein; and
WHEREAS, Buyer has notified Seller of its desire to convert its firm
storage service under Seller's Rate Schedule WSS from Part 157 of the
Commission's regulations to service with Seller under Part 284 of the
Commission's regulations.
NOW, THEREFORE, Seller and Buyer agree as follows:
ARTICLE I
SERVICE TO BE RENDERED
Subject to the terms and provisions of this agreement and of Seller's Rate
Schedule WSS-Open Access, Seller agrees to inject into storage for Buyer's
account, store and withdraw from storage, quantities of natural gas as follows:
To withdraw from storage up to a maximum quantity on any day of 32,167 dt,
which quantity shall be Buyer's Storage Demand Quantity, or such greater
daily quantity, as applicable from time to time, pursuant to the terms and
conditions of Seller's Rate Schedule WSS-Open Access.
To receive and store up to a total quantity at any one time of 2,734,180
dt, which quantity shall be Buyer's Storage Capacity Quantity.
Service Agreement under Rate Schedule WSS-Open Access
(Continued)
ARTICLE II
POINT(S) OF RECEIPT AND DELIVERY
The Point of Receipt for injection of natural gas delivered to Seller by
Buyer and the Point of Delivery for withdrawal of natural gas delivered by
Seller to Buyer under this agreement shall be Seller's Washington Storage Field
located at Seller's Station 54 in St. Landry Parish, Louisiana. Gas delivered or
received in Seller's pipeline system shall be at the prevailing pressure not to
exceed the maximum allowable operating pressure.
ARTICLE III
TERM OF AGREEMENT
This agreement shall be effective February 1, 2004 and shall remain in
force and effect until March 31, 2005, and year-to-year thereafter, subject to
termination by either party upon six months written notice to the other party.
ARTICLE IV
RATE SCHEDULE AND PRICE
Buyer shall pay Seller for natural gas service rendered hereunder in
accordance with Seller's Rate Schedule WSS-Open Access, and the applicable
provisions of the General Terms and Conditions of Seller's FERC Gas Tariff as
filed with the Federal Energy Regulatory Commission, and as the same may be
amended or superseded from time to time. Such rate Schedule and General Terms
and Conditions are by this reference made a part hereof. In the even Buyer and
Seller mutually agree to a negotiated rate pursuant to the provisions of Section
53 of the General Terms and Conditions and specified term for service hereunder,
provisions governing such negotiated rate (including surcharges) and term shall
be set forth on Exhibit A to the service agreement.
Service Agreement under Rate Schedule WSS-Open Access
(Continued)
ARTICLE V
MISCELLANEOUS
1. The subject headings of the Articles of this agreement are inserted for the
purpose of convenient reference and are not intended to be a part of this
agreement nor to be considered in any interpretation of the same.
2. This agreement supersedes and cancels as of the effective date hereof the
following contract between the parties hereto: Service Agreement under Rate
Schedule WSS dated August 1, 1991.
3. No waiver by either party of any one or more defaults by the other in the
performance of any provisions of this agreement shall operate or be construed as
a waiver of any future default or defaults, whether of a like or different
character.
4. This agreement shall be interpreted, performed and enforced in accordance
with the laws of the State of Texas.
5. This agreement shall be binding upon, and inure to the benefit of the parties
hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed by their respective officers or representatives thereunto duly
authorized.
TRANSCONTINTENAL GAS PIPE
LINE CORPORATION ("Seller")
By /s/ Xxxxx X. Xxxxx
-------------------
Xxxxx X. Xxxxx
Director Marketing Services - South
PIEDMONT NATURAL GAS
COMPANY, INC. ("Buyer")
By /s/ Xxxxxxxx X. Xxxx
--------------------
Service Agreement under Rate Schedule WSS-Open Access
(Continued)
EXHIBIT A
ATTACHED AND MADE PART OF THAT SERVICE AGREEMENT BY AND BETWEEN TRANSCONTINENTAL
GAS PIPE LINE CORPORATION, AS SELLER, AND PIEDMONT NATURAL GAS COMPANY, INC., AS
BUYER DATED JANUARY 30, 2004.
Specification of Negotiated Rate and Term
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None
