EXHIBIT 10(d)
RATE SCHEDULE EFT
ENHANCED FIRM TRANSPORTATION SERVICE
FORM OF TRANSPORTATION AGREEMENT
CONTRACT NO. 016774
THIS AGREEMENT, made and entered into as of the 1st day of April , 2000 , by and between:
PANHANDLE EASTERN PIPE LINE COMPANY, (hereinafter called "Panhandle"), a Delaware Corporation,
and
PEOPLES GAS LIGHT AND COKE COMPANY (THE) (hereinafter called "Shipper"), a(n) LOCAL DISTRIBUTION COMPANY incorporated in the State of IL.
Shipper represents and warrants that Shipper conforms to the requirements of 18 C.F.R.
Section 284.102 |
(284B - Intrastate Pipelines or |
|
|
Local Distribution Companies) |
|
|
|
|
Section 284.222 |
(284G - Interstate Pipelines) |
|
|
|
|
Section 284.223 |
(284G - Others) |
x |
|
|
|
This contract is Firm Seasonal Storage Related |
|
In consideration of the mutual convenants and agreements as herein set forth, both Panhandle and Shipper convenant and agree as follows: |
ARTICLE 1 - SERVICE
Panhandle agrees to receive at the Point(s) of Receipt and deliver at the Point(s) of Delivery, on a firm basis, quantities of Natural Gas up to the following daily quantities (Dt./Day), which shall constitute the Maximum Daily Contract
Quantity: |
Effective from |
04/01/2000 |
through |
11/30/2000: |
32,000 Dt./Day |
The Maximum Daily Contract Quantity is stated in delivery quantities, for which received quantities must be adjusted for fuel usage and lost or unaccounted-for Gas as set out in the then-effective, applicable rates and charges under Panhandle's
Rate Schedule EFT. |
Exhibit A hereto states the Point(s) of Receipt and Delivery. Exhibit A may be revised from time to time by written agreement between Panhandle and Shipper and, as may be revised, is by this reference incorporated in its entirety into this
Agreement and made an integral part hereof. Shipper's Maximum Daily Contract Quantity shall be assigned among the Primary Point(s) of Receipt set out on Exhibit A, as well as among the Primary Point(s) of Delivery set out on Exhibit A. |
Shipper recognizes that no Point(s) of Receipt or Point(s) of Delivery hereunder shall include a Point(s) of Receipt or Point(s) of Delivery on Panhandle Gathering's facilities, unless Shipper agrees to accept a completely separate Gathering
service. By designating a firm Point(s) of Receipt or firm Point(s) of Delivery hereunder which is located only on Panhandle Gathering's facilities as defined in the General Terms and Conditions of Panhandle's FERC Gas Tariff, First Revised Volume No. 1,
Sh
|
ARTICLE 2 - TERM
This Agreement shall be effective from the date first stated above. Panhandle shall provide firm Transportation service for Shipper pursuant to this Agreement from the 1st day of October, 2000 through the 31st day of
March, 2003, when this Agreement shall expire. |
ARTICLE 3 - RATES AND CHARGES
For the services provided or contracted for hereunder, Shipper agrees to pay Panhandle the then-effective, applicable rates and charges under Panhandle's Rate Schedule EFT filed with the Commission, as such rates and charges and Rate Schedule
EFT may hereafter be modified, supplemented, superseded, or replaced generally or as to the service hereunder. Panhandle reserves the right from time to time to unilaterally file and to make effective any such changes in the terms or rate levels under Rate
|
From time to time Panhandle and Shipper may agree in writing, on a level of discount of the otherwise applicable rates and charges hereunder, pursuant to the effective applicable provisions of Rate Schedule EFT and subject to the Regulations
and Orders of the Commission. For example, Panhandle and Shipper may agree that a specified discounted rate shall apply: (a) only to certain Quantities under this Agreement; (b) only if specified Quantity levels are actually achieved or only with respect
to
ecified level; (c) only during specified time periods; (d) only to specified Points of Receipt, Points of Delivery, mainline segments, transportation paths or defined geographical areas; (e) only to production reserves committed by the Shipper; or (f) in
a specified relationship to the Quantities actually transported (i.e., that the rates shall be adjusted in a specified relationship to Quantities actually transported); provided, however, that any such discounted rate set forth above shall be between the
Ma
|
From time to time Panhandle and Shipper may agree to a Negotiated Rate for a specified term for service hereunder. Provisions governing such Negotiated Rate and term shall be set forth an Exhibit C hereto. |
ARTICLE 4 - FUEL REIMBURSEMENT
In addition to collection of the rates and charges provided for in Article 3, Panhandle shall retain the percentage provided pursuant to Rate Schedule EFT of the quantities received from Shipper hereunder, for reimbursement in kind from
Shipper for fuel usage and unaccounted-for line loss. |
ARTICLE 5 - GENERAL TERMS AND CONDITIONS
This Agreement and all terms for service hereunder are subject to the further provisions of Rate Schedule EFT and the General Terms and Conditions of Panhandle's Tariff, as such may be modified, supplemented, superseded or replaced generally
or as to the service hereunder. Panhandle reserves the right from time to time to unilaterally file and to make effective any such changes in the provisions of Rate Schedule EFT and/or the General Terms and Conditions, subject to the applicable provisions
o
|
ARTICLE 6 - SUCCESSIONS AND ASSIGNMENTS
This Agreement shall be binding upon and inure to the benefit of any successor(s) to either Panhandle or Shipper by merger, consolidation or acquisition. Either Panhandle or Shipper may assign or pledge this Agreement and all rights and
obligations hereunder under the provisions of any mortgage, deed of trust, indenture or other instrument which it has executed or may execute hereafter as security for indebtedness; otherwise, except as provided in Section 15 of the General Terms and
Conditions,
|
ARTICLE 7 - NOMINATIONS AND NOTICES
Periodic nominations of the quantities of service requested hereunder must be provided by Shipper to Panhandle, at the times and according to the procedures specified in the General Terms and Conditions. Except as otherwise specified, any
other notice, request, demand, statement or bill provided for in the General Terms and Conditions and any other notice which either Panhandle or Shipper may desire to give to the other(s), shall be in writing and shall be considered as duly delivered when
mail
|
PANHANDLE |
|
|
|
Payment: |
|
Panhandle Eastern Pipe Line Company |
|
|
P. 0. Box 201202 |
|
|
Houston, Texas 77216-1202 |
|
|
|
Nomination and |
|
Panhandle Eastern Pipe Line Company |
Scheduling: |
|
Attn: Marketing Operations |
|
|
P. 0. Box 4967 |
|
|
Houston, Texas 77210-4967 |
|
|
Phone: (713) 989-7590 |
|
|
Facsimile: (713) 989-1121 |
|
|
|
Pipeline Emergencies: |
|
Panhandle Eastern Pipe Line Company |
(Not to be used for |
|
Attn: Gas Control |
any other purpose) |
|
P. 0. Box 4967 |
|
|
Houston, Texas 77210-4967 |
|
|
Phone: (713) 627-5623 |
|
|
Toll Free: 1-800-225-3913 |
|
|
|
All Other: |
|
Panhandle Eastern Pipe Line Company |
|
|
Attn: Customer Services |
|
|
P. 0. Box 4967 |
|
|
Houston, Texas 77210-4967 |
|
|
Phone: (713) 627-4272 or |
|
|
1-800-275-7375 |
|
|
Facsimile: (713) 989-1178 |
|
|
|
SHIPPER |
|
|
|
Billing: |
|
PEOPLES GAS LIGHT AND COKE COMPANY (THE) |
|
|
Mailing: 130 E RANDOLPH DR, 22TH FLOOR |
|
|
CHICAGO, IL 60601 |
|
|
Street : 130 E RANDOLPH DR, 22TH FLOOR |
|
|
CHICAGO,.IL 60601 |
|
|
Attn: DAVID WEAR 312-240-4554 |
|
|
|
Nomination and |
|
PEOPLES GAS LIGHT AND COKE COMPANY (THE) |
Scheduling: (1) |
|
Mailing: 130 E RANDOLPH DR, 22TH FLOOR |
|
|
CHICAGO, IL 60601 |
|
|
Street : 130 E RANDOLPH DR, 22TH FLOOR |
|
|
CHICAGO, IL 60601 |
|
|
Attn: DAVID WEAR 312-240-4554 |
|
|
|
All Other: |
|
PEOPLES GAS LIGHT AND COKE COMPANY (THE) |
|
|
Mailing: 130 E RANDOLPH DR, 22TH FLOOR |
|
|
CHICAGO, IL 60601 |
|
|
Street : 130 E RANDOLPH DR, 22TH FLOOR |
|
|
CHICAGO, IL 60601 |
|
|
Attn: ROY RODRIGUEZ 312-240-4294 |
(1) Please provide street address in addition to mailing address.
Contract-No: 016774
IN WITNESS WHEREOF, both Panhandle and Shipper have caused this Agreement to be executed in several counterparts by their respective officers or other persons duly authorized to do so, as of the date first stated above. |
PANHANDLE EASTERN PIPE LINE COMPANY |
By |
|
/s/ Craig R. Fishbeck |
|
|
(Please type or print name) |
Title |
|
Vice President, Marketing |
Executed |
|
|
(Date) |
PEOPLES GAS LIGHT AND COKE COMPANY (THE) |
By |
|
/s/ D. M. Field |
|
|
D. M. Field |
|
|
(Please type or print name) |
Title |
|
Executive Vice President |
Executed |
|
March 3, 2000 |
(Date) |
EXHIBIT A
Transportation Agreement
Between
Panhandle Eastern Pipe Line Company
For
Firm Service
Under Rate Schedule EFT
and
PEOPLES GAS LIGHT AND COKE COMPANY (THE)
Contract No. 016774
Maximum Daily Contract Quantities (Dt./Day):
Effective |
from |
04/01/2000 |
through |
11/30/200: |
32,000 |
Dt./Day
|
Effective |
from |
12/01/2000 |
through |
03/31/2001: |
42,500 |
Dt./Day
|
Effective |
from |
04/01/2001 |
through |
11/30/2001: |
32,000 |
Dt./Day
|
Effective |
from |
12/01/2001 |
through |
03/31/2002: |
42,500 |
Dt./Day
|
Effective |
from |
04/01/2002 |
through |
11/30/2002: |
32,000 |
Dt./Day
|
Effective |
from |
12/01/2002 |
through |
03/31/2003: |
42,500 |
Dt./Day
|
Contract-No: 016774
EXHIBIT A
Transportation Agreement
For
Firm Service
Under Rate Schedule EFT
Primary Firm Point(s) of Delivery
|
|
|
|
|
|
Function- |
|
|
|
|
|
|
|
|
|
|
Meter |
|
alization/ |
|
|
|
|
|
|
No. |
|
Delivered To |
|
No. |
|
Mileage |
|
County |
|
State |
|
Quantity |
Effective from: 04/01/2000 Through: 11/30/2000 |
|
|
|
|
|
|
|
|
1 |
|
PEOPLES GAS LIGHT AND COK |
|
66590 |
|
T/ 832 |
|
LENAWE |
|
MI |
|
32,000 |
Effective from: 12/01/2000 Through: 03/31/2001 |
|
|
|
|
|
|
|
|
2 |
|
PEOPLES GAS LIGHT AND COK |
|
66590 |
|
T/ 832 |
|
LENAWE |
|
MI |
|
42,500 |
Effective from: 04/01/2001 Through: 11/30/2001 |
|
|
|
|
|
|
|
|
3 |
|
PEOPLES GAS LIGHT AND COK |
|
66590 |
|
T/ 832 |
|
LENAWE |
|
MI |
|
32,000 |
Effective from: 12/01/2001 Through: 03/31/2002 |
|
|
|
|
|
|
|
|
4 |
|
PEOPLES GAS LIGHT AND COK |
|
66590 |
|
T/ 832 |
|
LENAWE |
|
MI |
|
42,500 |
Effective from: 04/01/2002 Through: 11/30/2002 |
|
|
|
|
|
|
|
|
5 |
|
PEOPLES GAS LIGHT AND COK |
|
66590 |
|
T/ 832 |
|
LENAWE |
|
MI |
|
32,000 |
Effective from: 12/01/2002 Through: 03/31/2003 |
|
|
|
|
|
|
|
|
4 |
|
PEOPLES GAS LIGHT AND COK |
|
66590 |
|
T/ 832 |
|
LENAWE |
|
MI |
|
42,500 |
Description of Facilities
|
|
|
|
|
|
|
|
Atmos. |
|
|
Existing/ |
|
Operated and |
|
|
|
Pres. |
No. |
|
Proposed |
|
Installed by |
|
Maintained by |
|
(Psia) |
Effective from: 04/01/2000 Through: 11/30/2000 |
|
|
|
|
EXISTING |
|
------ |
|
PANHANDLE EASTERN PIPE LINE |
|
0 |
Effective from: 12/01/2000 Through: 03/31/2001 |
|
|
|
|
EXISTING |
|
------ |
|
PANHANDLE EASTERN PIPE LINE |
|
0 |
Effective from: 04/01/2001 Through: 11/30/2001 |
|
|
|
|
EXISTING |
|
------ |
|
PANHANDLE EASTERN PIPE LINE |
|
0 |
Effective from: 12/01/2001 Through: 03/31/2002 |
|
|
|
|
EXISTING |
|
------ |
|
PANHANDLE EASTERN PIPE LINE |
|
0 |
Effective from: 04/01/2002 Through: 11/30/2002 |
|
|
|
|
EXISTING |
|
------ |
|
PANHANDLE EASTERN PIPE LINE |
|
0 |
Effective from: 12/01/2002 Through: 03/31/2003 |
|
|
|
|
EXISTING |
|
------ |
|
PANHANDLE EASTERN PIPE LINE |
|
0 |
Contract-No: 016774
EXHIBIT A
Transportation Agreement
For
Firm Service
Under Rate Schedule EFT
Primary Firm Point(s) of Receipt
|
|
|
|
|
|
Function- |
|
|
|
|
|
|
|
|
|
|
Meter |
|
alization/ |
|
|
|
|
|
|
No. |
|
Received From |
|
No. |
|
Mileage |
|
County |
|
State |
|
Quantity |
Effective from: 04/01/2000 Through 11/30/2000 |
|
|
|
|
|
|
|
|
1 |
|
PANHANDLE BOURBON DELIVER |
|
PBRBN |
|
T/ 538 |
|
DOUGLA |
|
IL |
|
32,000 |
Effective from: 12/01/2000 Through 03/31/2001 |
|
|
|
|
|
|
|
|
2 |
|
PANHANDLE BOURBON DELIVER |
|
PBRBN |
|
T/ 538 |
|
DOUGLA |
|
IL |
|
42,500 |
Effective from: 04/01/2001 Through 11/30/2001 |
|
|
|
|
|
|
|
|
3 |
|
PANHANDLE BOURBON DELIVER |
|
PBRBN |
|
T/ 538 |
|
DOUGLA |
|
IL |
|
32,000 |
Effective from: 12/01/2001 Through 03/31/2002 |
|
|
|
|
|
|
|
|
4 |
|
PANHANDLE BOURBON DELIVER |
|
PBRBN |
|
T/ 538 |
|
DOUGLA |
|
IL |
|
42,500 |
Effective from: 04/01/2002 Through 11/30/2002 |
|
|
|
|
|
|
|
|
5 |
|
PANHANDLE BOURBON DELIVER |
|
PBRBN |
|
T/ 538 |
|
DOUGLA |
|
IL |
|
32,000 |
Effective from: 12/01/2002 Through 03/31/2003 |
|
|
|
|
|
|
|
|
6 |
|
PANHANDLE BOURBON DELIVER |
|
PBRBN |
|
T/ 538 |
|
DOUGLA |
|
IL |
|
42,500 |
Description of Facilities
|
|
|
|
|
|
|
|
Atmos. |
|
|
Existing/ |
|
Operated and |
|
|
|
Pres. |
No. |
|
Proposed |
|
Installed by |
|
Maintained by |
|
(Psia) |
Effective from: 04/01/2000 Through: 11/30/2000 |
|
|
|
|
EXISTING |
|
------ |
|
PANHANDLE EASTERN PIPE LINE |
|
14 |
Effective from: 12/01/2000 Through: 03/31/2001 |
|
|
|
|
EXISTING |
|
------ |
|
PANHANDLE EASTERN PIPE LINE |
|
14 |
Effective from: 04/01/2001 Through: 11/30/2001 |
|
|
|
|
EXISTING |
|
------ |
|
PANHANDLE EASTERN PIPE LINE |
|
14 |
Effective from: 12/01/2001 Through: 03/31/2002 |
|
|
|
|
EXISTING |
|
------ |
|
PANHANDLE EASTERN PIPE LINE |
|
14 |
Effective from: 04/01/2002 Through: 11/30/2002 |
|
|
|
|
EXISTING |
|
------ |
|
PANHANDLE EASTERN PIPE LINE |
|
14 |
Effective from: 12/01/2002 Through: 03/31/2003 |
|
|
|
|
EXISTING |
|
------ |
|
PANHANDLE EASTERN PIPE LINE |
|
14 |
PANHANDLE EASTERN PIPE LINE COMPANY
5444 Westheimer Road/P.O. Box 4967
Houston, Texas 77056/77210-4967
Marketing Administration Department
(713) 627-4272
Fax: (713) 989-1178
December 15, 1999
PEOPLES GAS LIGHT AND COKE COMPANY (THE)
130 E RANDOLPH DR, 22TH FLOOR
CHICAGO, IL 60601
Gentlemen:
Re: 016774
Currently, Panhandle Eastern Pipe Line Company ("Transporter") is transporting natural gas pursuant to and in accordance with the regulations issued by the Federal Energy Regulatory Commission ("FERC") enabling Transporter to provide
transportation pursuant to Section 7 of the Natural Gas Act ("NGA") and Subpart G of 18 C.F.R. Part 284. |
In order for Transporter to initiate transportation of natural gas in accordance with the referenced service agreement, certain assurances must be obtained from you, as Shipper. |
Shipper represents and warrants that the gas purchased for transportation and transported by Transporter pursuant to the referenced transportation agreement is eligible for transportation pursuant to Subpart G of 18 C.F.R. Part 284 or other
similar applicable laws, regulations, and authorities. |
Please execute in the spaces provided for below and return with the executed Transportation Agreement. |
Sincerely,
PANHANDLE EASTERN PIPE LINE COMPANY |
By: |
|
/s/ Craig R. Fishbeck |
Title |
|
Vice President, Marketing |
Agreed to and Accepted this |
3 day of March , 2000 |
|
PEOPLES GAS LIGHT AND COKE COMPANY (THE) |
By |
|
/s/ D. M. Field |
|
|
D. M. Field |
|
|
(Please type or print name) |
Title |
|
Executive Vice President |