DATE: SEPTEMBER 21, 1994 CONTRACT NO. 34150
FSS 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 obligation of Shipper
and Transporter.
1. AUTHORITY FOR TRANSPORTATION SERVICE:
284G - Blanket
2. RATE SCHEDULE: FIRM STORAGE SERVICE (FSS)
3. CONTRACT QUANTITIES:
Contract Quantity - 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:
04/01/1995 to
03/31/2000
DATE: SEPTEMBER 21, 1994 CONTRACT NO. 34150
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 ANR Xpedite 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 increased 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 notice shall be confirmed in writing at the addresses below or through
ANR Xpedite. 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
000 Xxxxxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxxx 00000
Attentions: Gas Control (Nominations)
Volume Management (Statements)
Cash Control (Payments)
Customer Services and Business Administration
(All Other Matters)
DATE: SEPTEMBER 21, 1994 CONTRACT NO. 34150
SHIPPER:
North Shore Gas Company (Shipper Name)
000 X. Xxxxxxxx Xxx., Xxxxx 000 (Address)
Chicago, IL 60603 (City, State, Zip)
Attention: Xx. Xxxxxxx Xxxxxxxxxxx
Telephone: (000) 000-0000
Fax: (000) 000-0000
INVOICES AND STATEMENTS:
North Shore Gas Company (Shipper Name)
000 X. Xxxxxxxx Xxx., Xxxxx 000 (Address)
Chicago, IL 60603 (City, State, Zip)
Attention: Xx. Xxxxxxx Xxxxxxxxxxx
Telephone: (000) 000-0000
Fax: (000) 000-0000
NOMINATIONS:
North Shore Gas Company (Shipper Name)
000 X. Xxxxxxxx Xxx., Xxxxx 000 (Address)
Chicago, IL 60603 (City, State, Zip)
Attention: Xx. Xxxxx Xxxxxxx
Telephone: (000) 000-0000
Fax: (000) 000-0000
Mechanical Dialing
Device Nos:
----------------------
DATE: SEPTEMBER 21, 1994 CONTRACT NO. 34150
ALL OTHER MATTERS:
North Shore Gas Company (Shipper Name)
000 X. Xxxxxxxx Xxx., Xxxxx 000 (Address)
Chicago, IL 60603 (City, State, Zip)
Attention: Xx. Xxxxxxx Xxxxxxxxxxx
Telephone: (000) 000-0000
Fax: (000) 000-0000
8. FURTHER AGREEMENT
A. For transportation under ETS Agreement (No. 03200) and storage under
FSS Agreement (No. 34150), Shipper shall pay a single rate covering
both transportation and storage services not to exceed $1.25 times
6.25 BCF. This rate is inclusive of Volumetric Buyout/Buydown,
Dakota and Transition Costs. In addition, Shipper will be charged
ACA, applicable GRI, fuel and any other related fees or surcharges.
B. For billing purposes, Transporter has discretion in determining the
portion of the rate to be assigned to transportation and/or storage
as well as the portion of the rate to be assigned to Reservation
and/or Commodity.
C. From time to time dependent upon Transporter's use percents, the MDQ's
and MSQ under ETS Agreement (No. 03200) and FSS Agreement (No. 34150)
will be adjusted to allow Shipper to deliver and store sufficient fuel
quantities to effectuate a 50 day storage withdrawal quantity of
125,000 dth at the specified delivery points at no additional charge.
DATE: SEPTEMBER 21, 1994 CONTRACT NO. 34150
D. Shipper can use the unused portion of its Primary Route MDQ on a
Secondary basis at the following receipt points at no additional
charge:
1. Joliet (NGPL)
2. Defiance (PEPL)
3. Joliet (Midwestern)
4. Shorewood (NIGAS) - (by displacement)
5. Kalkaska or Xxxxxxx (Mich Con)
6. East Joliet (PGL&C) - (by displacement)
7. Elkhart (Trunkline)
8. Crystal Falls (GLGT)
E. Shipper and Transporter agree that the rates stated herein shall be
confidential and shall be maintained confidentially by Shipper and
Transporter. Shipper or Transporter may disclose such rates only if
such disclosure is required by law and Shipper or Transporter requests
confidential or privileged treatment under applicable statutes, rules
and regulations, and provides reasonable notice to the other party
prior to such disclosure. Any unauthorized disclosure by Shipper of
the rates stated herein shall have the effect of terminating from the
date the discounted rate is disclosed any rate discounts reflected
herein such that, for the remaining term of this Agreement, Shipper
shall be required to pay Transporter the maximum applicable rate for
service, as well as all other charges, surcharges or direct xxxx
applicable to such service.
F. This Agreement may be assigned to an affiliate of Shipper subject to
the satisfaction of Transporter's credit requirements.
G. In addition, upon ninety (90) days prior notice, before each contract
year commences, Shipper may renominated the Maximum Storage Quantity
and the Maximum Withdrawal Transport volume subject to the
availability of capacity on Transporter's Pipeline and a mutually
acceptable rate, provided that the revenues from the renominated
service are equal to or greater than the revenues that Transporter
would have otherwise received if the service had not changed from
the previous contract year.
H. Shipper agrees to waive its rights to release the capacity underlying
this Agreement.
I. Shipper agrees to waive its rights to in-field storage transfers.
DATE: SEPTEMBER 21, 1994 CONTRACT NO. 34150
J. The complete agreement between Transporter and Shipper shall consist
of this FSS Agreement (No. 34150) and the following agreements
between Transporter and Shipper: ETS Agreement (No. 03200);
September 28, 1994 Letter of Intent; and September 28, 1994
Operating Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
by their respective Officers or Representatives thereunto duly authorized to be
effective as of the date stated above.
NORTH SHORE
SHIPPER: GAS COMPANY TRANSPORTER: ANR PIPELINE COMPANY
By: /s/Xxxxxx X. Xxxxxxx By: /s/Xxxxxx Xxxxxxxxx
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Title: Vice President Title: Sr. Vice President
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Date: October 10, 1994 Date: October 6, 1994
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34150.fss
