Exhibit 10(c)
Date: May 28, 1998 Contract No.: 101471
FTS - 1 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 obligations of Shipper
and Transporter.
1. AUTHORITY FOR TRANSPORTATION SERVICE:
(284B = Section 311; 284G = Blanket)
284G
2. RATE SCHEDULE: Firm Transportation Service (FTS - 1)
3. CONTRACT QUANTITIES:
Primary Route- 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:
Nov 01, 1998 to
Oct 31, 2003
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 GEMStm that it has agreed otherwise.
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Date: May 28, 1998 Contract No.: 101471
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 changes in 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 notices shall be confirmed in writing
at the addresses below or through GEMStm. 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
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Attentions: Gas Control (Nominations)
Volume Management (Statements)
Cash Control (Payments)
Customer Administration (All Other Matters)
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Date: May 28, 1998 Contract No.: 101471
SHIPPER:
NORTH SHORE GAS COMPANY
C/O PEOPLES GAS LIGHT & COKE
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Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Telephone: ▇▇▇-▇▇▇-▇▇▇▇
Fax: ▇▇▇-▇▇▇-▇▇▇▇
INVOICES AND STATEMENTS:
NORTH SHORE GAS COMPANY
C/O PEOPLES GAS LIGHT & COKE
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Attention: ▇▇▇▇▇ ▇▇▇▇▇▇
Telephone: ▇▇▇-▇▇▇-▇▇▇▇
Fax: ▇▇▇-▇▇▇-▇▇▇▇
NOMINATIONS:
NORTH SHORE GAS COMPANY
C/O PEOPLES GAS LIGHT & COKE
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Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Telephone: ▇▇▇-▇▇▇-▇▇▇▇
Fax: ▇▇▇-▇▇▇-▇▇▇▇
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Date: May 28, 1998 Contract No.: 101471
ALL OTHER MATTERS:
NORTH SHORE GAS COMPANY
C/O PEOPLES GAS LIGHT & COKE
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Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Telephone: ▇▇▇-▇▇▇-▇▇▇▇
Fax: ▇▇▇-▇▇▇-▇▇▇▇
8 FURTHER AGREEMENT:
A. For all quantities of gas transported on the Primary
Route up to the Primary Route MDQ under this Agreement,
Shipper will be charged a Reservation Charge of $0.10
per dth on a 100% load factor basis inclusive of
Volumetric Buyout/Buydown, Dakota and Transition Costs.
In addition, for all quantities of gas transported,
Shipper will be charged the Minimum Commodity Charge,
ACA and fuel. Shipper shall not be responsible for GRI
surcharges, unless and to the extent that Transporter
is required to collect and/or remit such charges to
GRI.
B. All quantities associated with Secondary Receipt
Points, Secondary Delivery Points and Secondary Routes
under this Agreement will be Maximum Tariff Rates plus
all other related fees, surcharges and fuel unless
mutually agreed to otherwise.
C. The term of service under this Agreement shall begin on
the later of November 1, 1998 or the date on which the
Racine Lateral, as defined in the Letter Agreements
dated September 25, 1997 and November 4, 1997, is
placed into service.
D. Consistent with provisions of its Tariff, Transporter
is willing to contract on Shipper's behalf for capacity
required on third party transporters, or for other
services to effectuate Shipper's receipt of gas on
third party facilities and delivery of gas to
Transporter's facilities.
Shipper has advised Transporter of its desire to have
Transporter act in such a capacity.
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Date: May 28, 1998 Contract No.: 101471
Shipper agrees to pay all charges related to such
third party transportation arrangements pursuant to
Transporter's Tariff.
E. To the extent Shipper desires to utilize
receipt/delivery points pursuant to Part 284B (Section
311 of the NGPA and Section 284.102 of the Commission's
regulations), Shipper must execute a separate agreement
with Transporter and Shipper must also certify that the
transportation of gas will be on behalf of either an
"intrastate pipeline" or a "local distribution
company".
9. OPERATIONAL FLOW ORDERS:
Shipper hereby guarantees to Transporter that each contract
it has entered into in connection with the Gas to be
transported under this Agreement contains a provision that
permits Transporter to issue an effective Operational Flow
Order pursuant to Section 8 of the General Terms and
Conditions, of Transporter's FERC Gas Tariff.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be signed by their respective Officers or Representatives
there unto duly authorized to be effective as of the date stated
above.
SHIPPER: NORTH SHORE GAS COMPANY
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Vice President
Date: June 29, 1998
TRANSPORTER: ANR PIPELINE COMPANY
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Vice President
Date: 7-16-98
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PRIMARY ROUTE EXHIBIT Contract No: 101471
To Agreement Between Rate Schedule FTS-1
ANR PIPELINE COMPANY (Transporter) Contract Date: May 28, 1998
AND NORTH SHORE GAS COMPANY (Shipper) Amendment Date:
Receipt Delivery Annual Winter Summer
Number Number MDQ MDQ MDQ
Name Name (DTH) (DTH) (DTH)
246067 40000 0 0
WILL COUNTY INT RACINE LATERAL
DELIVERY POINT
FROM: Nov 01, 1998 TO: Oct 31, 2003
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