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Exhibit 10.28
Assignment Agreement No. 37929
Control No. 930905-142
FORM OF ASSIGNMENT AGREEMENT
(23,455 Dth/day)
This Assignment Agreement (Agreement) made and entered into this 1st of
November, 1993, is by and among PIEDMONT NATURAL GAS COMPANY - NORTH CAROLINA
(Assignee), and COLUMBIA GULF TRANSMISSION COMPANY (Transporter).
W I T N E S S E T H:
WHEREAS, pursuant to a Release Notice complying with Section 14 of the
General Terms and Conditions of Transporter's FERC Gas Tariff, Second Revised
Volume No. 1 (Tariff ), Columbia Gas Transmission Corporation (Releasor)
released capacity and service rights under its Service Agreement with
Transporter or under a prior Assignment Agreement, subject to the requirements
set forth in said Section 14; and
WHEREAS, Assignee is to be awarded all or part of such capacity and
service rights in accordance with Section 14 of the Transporter's Tariff.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
1. Assignment. Transporter hereby assigns to Assignee the
capacity and service rights hereinafter specified in Releasor's Agreement
under the T-1 Rate Schedule with Transporter dated November 1, 1966, having
Agreement Number 90500, to the extent described in Appendix A attached hereto
and incorporated herein by reference.
2. Obligations of Assignee.
(a) Assignee shall be responsible for nominating and scheduling
with Transporter all service be rendered by Transporter for the benefit of
Assignee under this Agreement.
(b) Assignee shall comply with (i) the terms and conditions of
Transporter's FTS-1 Rate Schedule, (ii) Appendix A attached hereto, and (iii)
the General Terms and Conditions of Transporter's Tariff, under which
Assignee shall be deemed to be a "Shipper".
(c) Assignee shall pay Transporter a reservation charge equal to
the maximum reservation charge for service under Transporter's FTS-1 Rate
Schedule per Dth/day per month, plus any demand surcharges, and (ii) all
commodity charges, plus any commodity surcharges, and (iii) any penalties or
imbalance correction costs associated with the capacity and service rights
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Assignment Agreement No. 37929
Control No. 930905-142
FORM OF ASSIGNMENT AGREEMENT (Cont'd)
assigned under this Agreement, as set forth in Transporter's
currently-effective Tariff, as any of these charges may be adjusted from time
to time upon approval of the Federal Energy Regulatory Commission.
3. Obligations of Transporter. Transporter shall provide service
to Assignee and shall ▇▇▇▇ Releasor and Assignee in accordance with (i) the
assigned Service Agreement or Assignment Agreement described in Section 1
above, (ii) Transporter's FTS-1 Rate Schedule, (iii) Appendix A attached
hereto, and (iv) the General Terms and Conditions of Transporter's Tariff.
4. Term. Service under this Agreement shall commence as of November 1,
1993, and shall continue in full force and effect until Releasor permanently
assigns to Assignee the capacity on Transporter described herein in accordance
with Releasor's Order No. 636 restructuring proposal as approved by the Federal
Energy Regulatory Commission in Docket No. RS92-5-000, et al, or upon the
further order of the Commission.
5. Releasor's Recall Rights. N/A
6. Notices. Notices given under this Agreement shall be provided in
accordance with Section 29 of the General Terms and Conditions of Transporter's
Tariff as follows:
If to Transporter: Columbia Gulf Transmission Company
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
ATTN: Transportation & Exchange
If to Assignee: Piedmont Natural Gas Company
P.0. ▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
ATTN: ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇
7. Successors and Assigns. Consistent with Section 14 of the General
Terms and Conditions of Transporter's Tariff, this Agreement shall be binding
upon, and shall inure to the benefit of, the parties hereto and their
respective successors and assigns; provided that if this Agreement is subject
to recall rights as set forth in Section 5 above, the capacity and service
rights assigned herein shall not vary the recall provisions contained in the
original assignment.
8. Other Provisions. All applicable provisions of Transporter's Tariff
are incorporated herein and made a part hereof by reference.
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Assignment Agreement No. 37929
Control No. 930905-242
FORM OF ASSIGNMENT AGREEMENT (Cont'd)
9. Applicable Law. This Agreement shall be construed and
interpreted under the laws of the State of Texas.
COLUMBIA GULF TRANSMISSION COMPANY
By: /s/ ▇. ▇. ▇▇▇▇▇▇, ▇▇.
----------------------
Name: ▇. ▇. ▇▇▇▇▇▇, ▇▇.
Title: Vice President
Date: 12-8-93
PIEDMONT NATURAL GAS COMPANY - TENNESSEE
BY: /s/ ▇. ▇. ▇▇▇▇▇▇▇
----------------------
Name: ▇. ▇. ▇▇▇▇▇▇▇
Title: Vice President
Date: Oct 12, 1993
Note: Appendix A, attached hereto and incorporated herein by reference, shall
be Transporter's form of Appendix A set forth in Transporter's Tariff
pertaining to Transporter's Rate Schedule under which the service assigned in
this Assignment Agreement is released by Transporter, completed to describe the
capacity and service rights assigned to Assignee under this Assignment
Agreement.
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Revision No. N/A
Control No. 930905-142
Appendix A to Service Agreement No. 37929
Under Rate Schedule FTS-1
Between Columbia Gulf Transmission Company (Transporter)
and Piedmont Natural Gas Company - North Carolina (Shipper)
Transportation Demand 23,455 Dth/day
Primary Receipt Points
Measuring Measuring Maximum Daily
Point No. Point Name Quantity (Dth/Day)
---------- ----------- --------------------
2700010 CGT-Rayne 1/ 23,455
---
Primary Delivery Points
Measuring Measuring Maximum Daily
Point No. Point Name Quantity (Dth/Day)
---------- ----------- --------------------
801 ▇▇▇▇▇ 1/ 23,455
---
1/ The Transportation Demand and the firm capacity rights will fluctuate
seasonally for this measuring point. During the winter season (11-01
through 03-31) the Transportation Demand rights will be 23,455 Dth/d
and during the summer season (04-01 through 10-31) the Transportation
Demand will be 21,583 Dth/d.
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Revision No. N/A
Control No. 930905-242
Appendix A to Service Agreement No.
Under Rate Schedule FTS-1
Between Columbia Gulf Transmission Company (Transporter)
and Piedmont Natural Gas Company - Tennessee (Shipper)
The Master List of Interconnects (MLI) as defined in Section 1 of the General
Terms and Conditions is incorporated herein by reference for purposes of
listing valid secondary interruptible receipt points and delivery points.
CANCELLATION OF PREVIOUS APPENDIX A
Service changes pursuant to this Appendix A shall become effective as of
November 1, 1993. This Appendix A shall cancel and supersede the previous
Appendix A effective NA , to the Service Agreement referenced above. With
the exception of this Appendix A, all other terms and conditions of said
Service Agreement shall remain in full force and effect.
COLUMBIA GULF TRANSMISSION COMPANY
By /s/ ▇. ▇. ▇▇▇▇▇▇, ▇▇.
----------------------
Its Vice President
Date 12-8-93
PIEDMONT NATURAL GAS COMPANY - TENNESSEE
BY /s/ ▇. ▇. ▇▇▇▇▇▇▇
---------------------
Its Vice President
Date Oct. 12, 1993