Exhibit 10.10(d)
Firm Transportation Service Agreement
Rate Schedule TF-1
between
COLORADO INTERSTATE GAS COMPANY
and
GREELEY GAS COMPANY,
a division of Atmos Energy Corporation
Dated: JULY 1, 1998
FIRM TRANSPORTATION SERVICE AGREEMENT
RATE SCHEDULE TF-1
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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1, as the same may be amended or superseded from time to time ("the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. PEAK MONTH MDQ: 6,121 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:
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, 1996, referred to as Transporter's Agreement
No. 33180000.
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 /s/▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By /s/▇▇▇▇▇▇ ▇. ▇▇▇
------------------------ ------------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Vice President ▇▇▇▇▇▇ ▇. ▇▇▇
---------------------------
(Print or type name)
Vice President
---------------------------
(Print or type title)
2
Page 1 of 3
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 (Peak Month MDQ)......6,121 Dth per Day
April, May, September, October........4,285 Dth per Day
June - August.........................2,142 Dth per Day
PRIMARY POINT(S) OF RECEIPT QUANTITY
(DTH PER DAY) (NOTE 2)
----------------------------------------
PRIMARY POINT(S) OF RECEIPT NOVEMBER APRIL, MAY, JUNE MAXIMUM RECEIPT
(NOTE 1) THROUGH SEPTEMBER, THROUGH PRESSURE
MARCH OCTOBER AUGUST P.S.I.G.
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NORTHERN SYSTEM
Echo Springs Master Meter 300 300 300 850
Lost Cabin 1,200 1,200 1,200 1,100
Uintah 593 593 593 300
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TOTAL NORTHERN SYSTEM 2,093 2,093 2,093
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CENTRAL SYSTEM
▇▇▇▇▇ Master Meter 2,277 1,240 49 220
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SOUTHERN SYSTEM
Big Canyon 491 267 0 955(4)
Mocane 1,260 685 0 65
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TOTAL SOUTHERN SYSTEM 1,751 952 0
---------------------------------------
TOTAL................... 6,121 4,285 2,142
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Page 2 of 3
EXHIBIT "A"
PRIMARY POINT(S) OF DELIVERY QUANTITY
(DTH PER DAY) (NOTE 3)
----------------------------------------
PRIMARY POINT(S) OF DELIVERY NOVEMBER APRIL, MAY, JUNE MAXIMUM DELIVERY
(NOTE 1) THROUGH SEPTEMBER, THROUGH PRESSURE
MARCH OCTOBER AUGUST P.S.I.G.
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CANON CITY GROUP (NOTE 5)
Canon City 4,231 2,962 1,481 (Note 6)
Colorado State Penintentiary 298 209 104 100
Engineering Station 476+78 5 4 2 Line Pressure
▇▇▇▇▇▇▇▇ City Gate 989 692 346 60
Fremont County Industrial Park 9 6 3 Line Pressure
▇▇▇▇▇▇▇ City Gate 135 95 47 60
Penrose PBS-2 129 90 45 Line Pressure
Portland City Gate 35 25 12 100
▇▇▇▇▇▇▇▇▇ City Gate 35 25 12 150
---------------------------------------
Total Canon City Group 5,866 4,108 2,052
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TOTAL CAPACITY RELEASE 4,814 3,369 1,684
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▇▇▇▇ GROUP
▇▇▇▇▇▇▇ Station 28 20 10 350
▇▇▇▇ City Gate 207 145 72 60
Highline Taps:
Neoplan (Bent County) 3 2 1 Line Pressure
Penrose South (Fremont County) 11 8 4 Line Pressure
The Piggery (Fremont County) 3 2 1 Line Pressure
▇.▇. ▇▇▇▇▇▇▇▇ (▇▇▇▇ County) 5 4 2 Line Pressure
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TOTAL ▇▇▇▇ GROUP 257 181 90
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▇▇▇▇▇▇▇ DELIVERY 350 245 123 500
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SPRINGFIELD 700 490 245 Line Pressure
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TOTAL 6,121 4,285 2,142
=======================================
STORAGE INJECTION 2,814 2,015 1,714 N/A
Page 3 of 3
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., 4,814
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-Canon City Group Points of Delivery, Shipper may
nominate up to the Canon City Group total (e.g., 5,866 Dth per Day
November through March), provided that total deliveries under this
Agreement do not exceed the monthly MDQ (e.g., 6,121 Dth per Day
November through March) unless an Authorized Overrun has been
granted to Shipper by Transporter.
(6) Line pressure but not less than 100 p.s.i.g.
Page 1 of 2
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 POINT(S) POINT(S) OF R1 RESERVATION COMMODITY FUEL
OF RECEIPT DELIVERY RATE RATE TERM OF RATE REIMBURSEMENT SURCHARGES
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As listed on As listed on (Note 1) (Notes 1 and 4) Through (Note 2) (Note 3)
Exhibit "A" Exhibit "A" 9/30/00
SECONDARY SECONDARY
POINT(S) OF POINT(S) OF R1 RESERVATION COMMODITY FUEL
RECEIPT DELIVERY RATE RATE TERM OF RATE REIMBURSEMENT SURCHARGES
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All All (Note 1) (Note 1) Through (Note 2) (Note 3)
9/30/00
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.
Page 2 of 2
EXHIBIT "B"
NOTES: (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.