Date: September 20, 1995 Contract No. 24350
Exhibit 10(a)
FTS - 1 SERVICE AGREEMENT
This AGREEMENT is entered into by ANR Pipeline Company
(Transporter) and The Peoples Gas Light and Coke 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:
284G - Blanket
2. RATE SCHEDULE: FIRM TRANSPORTATION SERVICE (FTS - 1)
3. CONTRACT QUANTITIES:
Primary Routes - 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:
11/01/1995 to
10/31/2000
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 ANR Xpedite
that it has agreed otherwise.
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
Date: September 20, 1995 Contract No. 24350
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 increased 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 notice shall be confirmed in writing at the addresses
below or through ANR Xpedite. Shipper or Transporter may change the
addresses below by written notice to the other without the necessity
of amending this agreement:
TRANSPORTER:
ANR PIPELINE COMPANY
▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Attentions: Gas Control (Nominations)
Volume Management (Statements)
Cash Control (Payments)
Marketing Administration (All Other Matters)
SHIPPER:
THE PEOPLES GAS LIGHT AND COKE CO. (Shipper Name)
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▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ (▇▇▇▇▇▇▇)
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▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ (City, State, Zip)
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Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇
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Telephone: (▇▇▇) ▇▇▇-▇▇▇▇
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Fax: (▇▇▇) ▇▇▇-▇▇▇▇
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Date: September 20, 1995 Contract No. 24350
INVOICES AND STATEMENTS:
THE PEOPLES GAS LIGHT AND COKE CO. (Shipper Name)
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▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ (▇▇▇▇▇▇▇)
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▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ (City, State, Zip)
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Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇
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Telephone: (▇▇▇) ▇▇▇-▇▇▇▇
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Fax: (▇▇▇) ▇▇▇-▇▇▇▇
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NOMINATIONS:
THE PEOPLES GAS LIGHT AND COKE CO. (Shipper Name)
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▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ (▇▇▇▇▇▇▇)
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▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ (City, State, Zip)
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Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇
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Telephone: (▇▇▇) ▇▇▇-▇▇▇▇
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Fax: (▇▇▇) ▇▇▇-▇▇▇▇
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Mechanical Dialing
Device No(s)
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ALL OTHER MATTERS:
THE PEOPLES GAS LIGHT AND COKE CO. (Shipper Name)
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▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ (▇▇▇▇▇▇▇)
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▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ (City, State, Zip)
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Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇
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Telephone: (▇▇▇) ▇▇▇-▇▇▇▇
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Fax: (▇▇▇) ▇▇▇-▇▇▇▇
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8. FURTHER AGREEMENT
A. The rate for all quantities of gas transported on the
Primary Route(s) up to the Primary Route MDQ(s) under this
Agreement shall be the current FERC Tariff Rates in effect
not to exceed $0.15 per dth on a 100% load factor basis
inclusive of Volumetric Buyout/Buydown, GRI, Dakota and
Transition Costs. In
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Date: September 20, 1995 Contract No. 24350
addition, Shipper will be charged ACA, fuel and any other
related fees or surcharges.
B. All quantities associated with Secondary Receipt Points,
Secondary Delivery Points, Secondary Routes and the releases
of the capacity under this Agreement will be at Maximum
Tariff Rates plus all other related fees, surcharges and
fuel.
C. Shipper and any Agent of Shipper agree that the rates stated
herein shall be confidential and shall be maintained
confidentially by Shipper and any Agent of Shipper. Shipper
may disclose such rates only if such disclosure is required
by law and Shipper requests confidential or privileged
treatment under applicable statutes, rules and regulations,
and provides reasonable notice to Transporter prior to such
disclosure. Any unauthorized disclosure of the rates stated
herein shall have the effect of terminating from the date
the discounted rate is disclosed any rate discounts
reflected herein such that, for the remaining term of this
Agreement, Shipper shall be required to pay Transporter the
maximum applicable rate for service, as well as all other
charges, surcharges or direct ▇▇▇▇ applicable to such
service.
D. Shipper waives its right to segment its FTS-1 capacity
during the term of this Agreement.
E. If the FTS-1 Agreement (No. 24400) between Transporter and
Shipper is terminated after one (1) year of service, this
Agreement shall be amended to change the Primary Delivery
Point to East Joliet only with a 100% load factor rate of
$0.12 per dth inclusive of Volumetric Buyout/Buydown, GRI,
Dakota and Transition Costs. In addition, Shipper will be
charged ACA, fuel and any other related fees or surcharges.
F. During the November 1, 1995 to April 30, 1996, October
through April (1996 - 2000) and October 1-31, 2000 periods,
Shipper can nominate up to 60,000 dth/day from Crystal Falls
to either Maumee East/Col Gas OH or East Joliet as long as
the total combined nomination does not exceed 60,000
dth/day.
G. 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 must advise Transporter prior to commencement of
such third party transportation of its desire to have
Transporter act in such a capacity.
Shipper agrees to pay all charges related to such third
party transportation arrangements pursuant to Transporter's
Tariff.
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Date: September 20, 1995 Contract No. 24350
H. To the extent Shipper desires to utilize receipt/delivery
points pursuant to Part 284 B (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. Shipper shall also guarantee for any supply
contract for Gas that is transported via Viking Gas Transmission
Company, that Transporter shall be designated a third party
beneficiary.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
by their respective Officers or Representatives thereunto duly authorized to be
effective as of the date stated above.
SHIPPER: The Peoples Gas Light and TRANSPORTER: ANR Pipeline Company
Coke Company
By: /s/ ▇. ▇. ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
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Title: Vice President Title: Assistant Vice President
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Date: 10/04/95 Date: 10/05/95
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To Agreement Between Contract Rate FTS-1
ANR Pipeline Company (Transporter) Contract Date September 20, 1995
and The Peoples Gas Light and Coke Company (Shipper) Amendment Date -
RECEIPT RECEIPT DELIVERY DELIVERY MDQ
NUMBER NAME NUMBER NAME (DTH) EFFECTIVE PERIOD
--------- ------------------------- ---------- --------------------------- ------ ------------------------
037000700 Crystal Falls/▇▇▇▇▇▇▇ ▇▇ 037044750 Maumee East/Col Gas OH (▇) ▇▇▇▇▇ ▇▇/01/95 to 04/30/96
032200100 East Joliet
037000700 Crystal Falls/▇▇▇▇▇▇▇ ▇▇ 032200100 East Joliet 60000 MAY - SEPTEMBER
(1996 - 2000)
037000700 Crystal Falls/▇▇▇▇▇▇▇ ▇▇ 037044750 Maumee East/Col Gas OH (▇) ▇▇▇▇▇ ▇▇▇▇▇▇▇ - APRIL
032200100 East Joliet (1996 - 2000)
037000700 Crystal Falls/▇▇▇▇▇▇▇ ▇▇ 037044750 Maumee East/Col Gas OH (1) 60000 10/01/2000 to 10/31/2000
032200100 East Joliet
(1) The Primary Delivery Point of Maumee East/Col Gas OH can be used during the
months of October through April only; the Primary Delivery Point of East
Joliet can be used through the term of the Agreement.