Exhibit 10.10(d)
Firm Transportation Service Agreement
Contract No. 33181000A
Rate Schedule TF-1
between
Colorado Interstate Gas Company
and
Greeley Gas Company,
a division of Atmos Energy Corporation
Dated: July 1, 1998
Page 2
FIRM TRANSPORTATION SERVICE AGREEMENT
RATE SCHEDULE TF-1
The Parties identified below, in consideration of their mutual promises, agree
as follows:
1. Transporter: Colorado Interstate Gas Company
2. Shipper: Greeley Gas Company, a division of Atmos Energy Corporation
3. Applicable Tariff: Transporter's FERC Gas Tariff, First Revised Volume No.
1, as the same may be amended or superseded from time to time ("the Tariff").
4. Changes in Rates and Terms: Transporter shall have the right to propose to
the FERC changes in its rates and terms of service, and this Agreement shall be
deemed to include any changes which are made effective pursuant to FERC Order or
regulation or provisions of law, without prejudice to Shipper's right to protest
the same.
5. Transportation Service: Transportation Service at and between Primary
Point(s) of Receipt and Primary Point(s) of Delivery shall be on a firm basis.
Receipt and Delivery of quantities at Secondary Point(s) of Receipt and/or
Secondary Point(s) of Delivery shall be in accordance with the Tariff.
6. Points of Receipt and Delivery: Shipper agrees to Tender gas for
Transportation Service, and Transporter agrees to accept Receipt Quantities at
the Primary Point(s) of Receipt identified in Exhibit "A." Transporter agrees to
provide Transportation Service and Deliver gas to Shipper (or for Shipper's
account) at the Primary Point(s) of Delivery identified in Exhibit "A."
7. Rates and Surcharges: As set forth in Exhibit "B."
8. Negotiated Rate Agreement: N/A
9. Maximum Delivery Quantity ("MDQ"):
November through March - 0 Dth per Day
April, May, September, October - 1,836 Dth per Day
June through August - 3,979 Dth per Day
10. Term of Agreement: Beginning: July 1, 1998
Extending through: September 30, 2000
11. Notices, Statements, and Bills:
To Shipper:
Invoices for Transportation:
Page 3
Greeley Gas Company,
a division of Atmos Energy Corporation
▇.▇. ▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
Attention: Gas Supply Department
All Notices:
Greeley Gas Company,
a division of Atmos Energy Corporation
▇.▇. ▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
Attention: ▇▇▇▇ ▇▇▇▇
To Transporter:
See Payments, Notices, Nominations, and Points of Contact sheets in
the Tariff.
12. Supersedes and cancels prior Agreement: When this Agreement becomes
effective, it shall supersede and cancel the following agreement between the
Parties: The Firm Transportation Service Agreement between Transporter and
Shipper dated October 1, 1997, referred to as Transporter's Agreement No.
33181000.
13. Adjustment to Rate Schedule TF-1 and/or General Terms and Conditions: N/A
14. Incorporation by Reference: This Agreement in all respects shall be subject
to the provisions of Rate Schedule TF-1 and to the applicable provisions of the
General Terms and Conditions of the Tariff as filed with, and made effective by,
the FERC as same may change from time to time (and as they may be amended
pursuant to Section 13 of the Agreement).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Transporter: Shipper:
Colorado Interstate Gas Company Greeley Gas Company, a
division of Atmos Energy
Corporation
By By
------------------------- -------------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Vice President
----------------------------
(Print or type name)
----------------------------
(Print or type title)
Page 4
EXHIBIT "A"
Firm Transportation Service Agreement
between
Colorado Interstate Gas Company
and
Greeley Gas Company,
a division of Atmos Energy Corporation
Dated: July 1, 1998
1. Shipper's Maximum Delivery Quantity ("MDQ") for the following months
shall be as follows:
November - March 0 Dth per Day
April, May, September, October 1,836 Dth per Day
June - August 3,979 Dth per Day
Primary Point(s) of
Receipt Quantity
(Dth per Day) (Note 2)
-------- ---------
Primary Point(s) of Receipt April, Maximum
of Receipt November May, June Receipt
(Note 1) through September through Pressure
March October August p.s.i.g.
------------------------- -------- --------- ------- --------
Central System
▇▇▇▇▇ Master Meter 0 1,037 2,228 220
------ ------- -------
Southern System
Big Canyon 0 224 491 955(4)
Mocane 0 575 1,260 65
------ ------- -------
Total Southern System 0 799 1,751
------ ------- -------
TOTAL 0 1,836 3,979
------ ------- -------
Page 5
Primary Point(s) of
Delivery Quantity
(Dth per Day) (Note 3)
-------- ----------
April, Maximum
November May, June Delivery
Primary Point(s) of Delivery through September, through Pressure
(Note 1) March October August p.s.i.g.
------------------------- -------- ---------- ------- ----------
Canon City Group (Note 5)
Canon City 0 1,269 2,750 (Note 6)
Colorado State Penitentiary 0 89 194 100
Engineering Station 476+78 0 1 3 Line Pressure
▇▇▇▇▇▇▇▇ City Gate 0 297 643 60
Fremont County Industrial Park 0 3 6 Line Pressure
▇▇▇▇▇▇▇ City Gate 0 40 88 60
Penrose PBS-2 0 39 ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ 0 10 23 100
▇▇▇▇▇▇▇▇▇ City Gate 0 10 23 150
------ ------- -----
Total Canon City Group 0 1,758 3,814
------ ------- -----
Total Capacity Release 0 1,445 3,130
------ ------- -----
▇▇▇▇ Group
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇ ▇▇▇
▇▇▇▇ ▇▇▇▇ ▇▇▇▇ 0 62 135 60
Highline Taps:
Neoplan (Bent County) 0 1 2 Line Pressure
Penrose South (Fremont County) 0 3 7 Line Pressure
▇.▇. ▇▇▇▇▇▇▇▇ (▇▇▇▇ County) 0 1 3 Line Pressure
------ ------- -----
Total ▇▇▇▇ Group 0 76 167
------ ------- -----
▇▇▇▇▇▇▇ Delivery 0 105 227 500
------ ------- -----
Springfield 0 210 455 Line Pressure
------ ------- -----
TOTAL 0 1,836 3,979
------ ------- -----
Storage Injection 0 799 1,100 N/A
Page 6
NOTES:
(1) Information regarding Point(s) of Receipt and Point(s) of Delivery,
including legal descriptions, measuring parties, and interconnecting parties,
shall be posted on Transporter's electronic bulletin board. Transporter shall
update such information from time to time to include additions, deletions, or
any other revisions deemed appropriate by Transporter.
(2) Each Point of Receipt Quantity may be increased by an amount equal to
Transporter's Fuel Reimbursement percentage. Shipper shall be responsible for
providing such Fuel Reimbursement at each Point of Receipt on a pro rata basis
based on the quantities received on any Day at a Point of Receipt divided by the
total quantity Delivered at all Point(s) of Delivery under this Transportation
Service Agreement.
(3) The sum of the Delivery Quantities at Point(s) of Delivery shall be equal
to or less than Shipper's MDQ.
(4) Minimum pressure Shipper will deliver gas to Transporter is 350 p.s.i.g.
(5) For Capacity Release purposes, the aggregate of the Canon City Group Point
of Delivery Quantities is as designated (e.g., 1,445 Dth per Day April, May,
September, October). To the extent that Shipper is not utilizing a portion of
its remaining Point of Delivery Quantities at non-Canon City Group Points of
Delivery, Shipper may nominate up to the Canon City Group total (e.g., 1,758 Dth
per Day April, May, September, October), provided that volumes Tendered by
Shipper under this Agreement do not exceed the monthly MDQ (e.g., 1,836 Dth per
Day April, May, September, October) unless an Authorized Overrun has been
granted to Shipper by Transporter.
(6) Line pressure but not less than 100 p.s.i.g.
Page 7
EXHIBIT "B"
Firm Transportation Service Agreement
between
Colorado Interstate Gas Company
and
Greeley Gas Company,
a division of Atmos Energy Corporation
Dated: July 1, 1998
Primary Primary R1
Point(s) Points of Reservation Commodity Term of Fuel
of Receipt Delivery Rate Rate Rate Reimbursement Surcharges
---------- ----------- ----------- --------- ------- ------------- ----------
As listed As listed on $1.46 (Notes 1 Through (Note 2) (Note 3)
on Exhibit on Exhibit and 4) 9/30/00
"A" "A"
Secondary
Point(s) Primary R1
of Point(s) of Reservation Commodity Term of Fuel
Receipt Delivery Rate Rate Rate Reimbursement Surcharges
---------- ----------- ----------- --------- ------- ------------- ----------
All As listed on $1.46 (Notes 1 Through (Note 2) (Note 3)
Exhibit "A" and 4) 9/30/00
Secondary Secondary R1
Point(s) Point(s) of Reservation Commodity Term Fuel
of Receipt Delivery Rate Rate of Rate Reimbursement Surcharges
---------- ----------- ----------- --------- ------- ------------- ----------
All All (Note 1) (Note 1) Through (Note 2) (Note 3)
9/30/00
Page 8
EXHIBIT "B"
NOTES:
(1) Unless otherwise agreed by the Parties in writing, the rates for service
hereunder shall be Transporter's maximum rates for service under Rate Schedule
TF-1 or other superseding Rate Schedules, as such rates may be changed from time
to time.
(2) Fuel Reimbursement shall be as stated on Transporter's Schedule of
Surcharges and Fees in the Tariff, as they may be changed from time to time,
unless otherwise agreed between the Parties.
(3) Surcharges, If Applicable:
All applicable surcharges, unless otherwise specified, shall be the maximum
surcharge rate as stated in the Schedule of Surcharges and Fees in The Tariff,
as such surcharges may be changed from time to time.
GQC:
The Gas Quality Control Surcharge shall be assessed pursuant to Article 20 of
the General Terms and Conditions as set forth in The Tariff.
GRI:
The GRI Surcharge shall be assessed pursuant to Article 18 of the General Terms
and Conditions as set forth in The Tariff.
HFS:
The Hourly Flexibility Surcharge shall be assessed pursuant to Article 20 of the
General Terms and Conditions as set forth in The Tariff.
Order No. 636 Transition Cost Mechanism:
Surcharge(s) shall be assessed pursuant to Article 21 of the General Terms and
Conditions as set forth in The Tariff.
ACA:
The ACA Surcharge shall be assessed pursuant to Article 19 of the General Terms
and Conditions as set forth in The Tariff.
(4) The Authorized Overrun Rate charged by Transporter shall be determined
pursuant to the Stipulation and Agreement in Docket No. RP96-190, when
applicable, while such Settlement is in effect.