Exhibit 10.10(e)
No-Notice Storage and
Transportation Delivery Service Agreement
Rate Schedule NNT-1
between
COLORADO INTERSTATE GAS COMPANY
and
GREELEY GAS COMPANY,
A DIVISION OF ATMOS ENERGY CORPORATION
Dated: OCTOBER 1, 1996, OR THE EFFECTIVE DATE AUTHORIZED
BY THE FERC FOR CIG'S SERVICE CHANGES FILED IN
DOCKET NO. RP96-190, WHICHEVER IS LATER.
NO-NOTICE STORAGE AND
TRANSPORTATION DELIVERY SERVICE AGREEMENT
RATE SCHEDULE NNT-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1, as the same may be amended or superseded from time to time ("the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 Point of
Withdrawal and Primary Point(s) of Delivery shall be on a firm basis.
Delivery of quantities at Secondary Point(s) shall be in accordance with
the Tariff.
6. DELIVERY: Transporter agrees to transport and deliver Delivery Quantities
to Shipper (or for Shipper's account) at the Point(s) of Delivery
identified in the attached Exhibit "A."
7. RATES AND SURCHARGES: As set forth in Exhibit "B."
8. PEAK MONTH MDQ: 11,292 Dth per Day.
MAXIMUM AVAILABLE CAPACITY ("MAC"): 422,142 Dth.
MAXIMUM DAILY INJECTION QUANTITY ("MDIQ"): 2,814 Dth per Day.
MAXIMUM DAILY WITHDRAWAL QUANTITY ("MDWQ"): 11,292 Dth per Day.
Available Daily Withdrawal Quantity ("ADWQ") shall be subject to the
General Terms and Conditions of the Tariff and stated on CIG's Xpress(R)
system.
9. TERM OF AGREEMENT: Beginning: October 1, 1996, or the effective date
authorized by the FERC for Transporter's
service changes filed in Docket No. RP96-
190, whichever is later.
Extending through: April 30, 2000
10. NOTICES, STATEMENTS, AND BILLS:
TO SHIPPER:
INVOICES FOR TRANSPORTATION:
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.
11. SUPERSEDES AND CANCELS PRIOR AGREEMENT: When this Agreement becomes
effective, it shall supersede and cancel the following contract(s) between
the Parties: The No-Notice Transportation Service Agreement between
Transporter and Shipper dated October 1, 1996, and any amendments thereto,
and referred to as Transporter's Agreement No. 31028000.
12. ADJUSTMENT TO RATE SCHEDULE NNT-1 AND/OR GENERAL TERMS AND CONDITIONS: N/A.
13. INCORPORATION BY REFERENCE: This Agreement in all respects shall be subject
to the provisions of Rate Schedule NNT-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 12 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 /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By /s/ ▇▇▇▇▇▇ ▇. ▇▇▇
--------------------------------- -----------------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇
Vice President ---------------------------------
(Print or type name)
Vice President
---------------------------------
(Print or type title)
2
Page 1 of 2
EXHIBIT "A"
No-Notice Storage and
Transportation Delivery Service Agreement
between
COLORADO INTERSTATE GAS COMPANY
and
GREELEY GAS COMPANY,
A DIVISION OF ATMOS ENERGY CORPORATION
Dated: OCTOBER 1, 1996, OR THE EFFECTIVE DATE AUTHORIZED
BY THE FERC FOR CIG'S SERVICE CHANGES FILED IN
DOCKET NO. RP96-190, WHICHEVER IS LATER.
1. Shipper's Maximum Delivery Quantity ("MDQ") for the following months shall
be as follows:
January, December (Peak Month MDQ)......11,292 Dth per Day
February................................8,243 Dth per Day
March...................................4,856 Dth per Day
April...................................3,388 Dth per Day
May - October...........................0 Dth per Day
November................................7,904 Dth per Day
2. Shipper's Maximum Available Capacity ("MAC"): 422,142 Dth.
3. Shipper's Maximum Daily Injection Quantity ("MDIQ"): 2,814 Dth per Day.
4. Shipper's Maximum Daily Withdrawal Quantity ("MDWQ"): 11,292 Dth per Day.
PRIMARY POINT(S) OF DELIVERY QUANTITY
(DTH PER DAY) (NOTE 1)
-----------------------------------------------------------------------
PRIMARY MAY DELIVERY
POINT(S) OF JANUARY THROUGH PRESSURE
DELIVERY DECEMBER FEBRUARY MARCH APRIL OCTOBER NOVEMBER P.S.I.G.
-------------------------------------------------------------------------------------------------------------------
CANON CITY GROUP (NOTE 3)
Canon City 7,799 5,639 3,354 2,340 0 5,459 (Note 2)
Colorado State Penitentiary 552 403 237 166 0 386 100
Engineer's Station 476+78 10 7 4 3 0 7 Line Pressure
▇▇▇▇▇▇▇▇ City Gate 1,823 1,331 10 547 0 1,276 60
Fremont County Industrial 16 12 7 5 0 ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇
▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ 248 181 107 74 0 174 60
Penrose PBS-2 238 174 102 71 0 ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ 65 47 28 20 0 46 ▇▇▇
▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ 65 47 28 20 0 46 150
-----------------------------------------------------------------
Total Canon City Group 10,816 7,841 3,877 3,246 0 7,572
=================================================================
CAPACITY RELEASE TOTAL 8,866 6,471 3,812 2,646 0 6,206
=================================================================
Page 2 of 2
EXHIBIT "A"
▇▇▇▇ GROUP
▇▇▇▇▇▇▇ Station 52 38 22 15 0 36 ▇▇▇
▇▇▇▇ ▇▇▇▇ ▇▇▇▇ 383 280 165 130 0 268 60
Highline Taps: 7 5 3 2 0 5 Line Pressure
Nepolan (Bent County)
▇▇▇▇▇▇▇ (Fremont County) 20 15 9 6 0 14 Line Pressure
Piggery (Fremont County) 7 5 3 2 0 5 Line Pressure
▇.▇. ▇▇▇▇▇▇▇▇ (▇▇▇▇ County) 7 5 3 2 0 5 Line Pressure
-----------------------------------------------------------------
TOTAL ▇▇▇▇ GROUP 476 348 205 157 0 333
=================================================================
▇▇▇▇▇▇▇ Delivery 650 475 280 195 0 455 500
=================================================================
SPRINGFIELD 1,300 949 559 390 0 910 Line Pressure
=================================================================
TOTAL 11,292 8,243 4,856 3,388 0 7,904
=================================================================
NOTES: (1) The sum of the Delivery Quantities at Point(s) of Delivery shall
not be greater than Shipper's MDQ.
(2) Line pressure but not less than 100 p.s.i.g.
(3) For Capacity Release purposes, the aggregate of the Canon City
Group Point of Delivery Quantities is as designated (e.g., 8,866
Dth per Day for the Peak Month MDQ). To the extent that Shipper is
not utilizing a portion of its remaining Point of Delivery
Quantities at non-Canyon City Group Points of Delivery, Shipper may
take up to the Canon City Group total (e.g., 10,816 Dth per Day for
January and December) provided that total deliveries under this
Agreement do not exceed the monthly MDQ (e.g., 11,292 Dth per Day
Peak Month MDQ) unless an Authorized Overrun has been granted to
Shipper by Transporter.
Page 1 of 2
EXHIBIT "B"
No-Notice Storage and
Transportation Delivery Service Agreement
between
COLORADO INTERSTATE GAS COMPANY
and
GREELEY GAS COMPANY,
A DIVISION OF ATMOS ENERGY CORPORATION
Dated: OCTOBER 1, 1996, OR THE EFFECTIVE DATE AUTHORIZED
BY THE FERC FOR CIG'S SERVICE CHANGES FILED IN
DOCKET NO. RP96-190, WHICHEVER IS LATER.
COMMODITY INJECTION RATE FUEL REIMBURSEMENT SURCHARGES
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Storage Injection.................. (Note 1) (Note 2) (Note 3)
PRIMARY POINT(S) R1 RESERVATION COMMODITY
OF DELIVERY RATE DELIVERY RATE TERM OF RATE SURCHARGES
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As listed on (Notes 1 (Notes 1 and 5) Through 4/30/2000 (Note 3)
Exhibit "A" and 4)
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 NNT-1 or other superseding Rate Schedule, 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.
Page 2 of 2
EXHIBIT "B"
NOTES: (3) Applicable Surcharges:
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) If Shipper releases any of its capacity (i.e., becomes a Releasing
Shipper under Transporter's Capacity Release Program) and the
Replacement Shipper is paying more than the Releasing Shipper,
Transporter shall be entitled to the difference, if any, between
the reservation charge(s), including all applicable surcharges,
being paid by the Replacement Shipper, and the reservation charges,
including all applicable surcharges, being paid by the Releasing
Shipper.
(5) 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.