EXHIBIT 10c
AMENDATORY AGREEMENT
This Amendment is entered into this 1st day of March, 1995, between SOUTHERN
NATURAL GAS COMPANY ("Company") and ATLANTA GAS LIGHT COMPANY ("Shipper").
W I T N E S S E T H:
WHEREAS, Company and Shipper are parties to a firm transportation agreement
dated September 1, 1994, (#902470) for 100,000 Mcf per day ("September FT
Agreement"), a firm transportation agreement dated November 1, 1994,
(#904460) for 259,812 Mcf per day ("November FT Agreement"), a firm
transportation-no notice agreement dated November 1, 1994, (#904461) for
406,222 Mcf per day ("FT-NN Agreement"), and a contract storage service
agreement dated November 1, 1994, (#S20150) for 20,117,674 Mcf ("CSS
Agreement"); and
WHEREAS, Shipper has agreed to support the Stipulation and Agreement filed
by Company in Docket Nos. RP89-224, et al, on March 15, 1995
("Stipulation"); and
WHEREAS, under the terms of the Stipulation, Company has agreed to discount
Shipper's rates and charges under the September FT Agreement and Shipper has
agreed to extend the primary terms of the September FT Agreement, the
November FT Agreement, the FT-NN Agreement and the CSS Agreement, all as more
specifically provided herein;
NOW THEREFORE, in consideration for the premises and the mutual promises and
covenants contained herein, the parties agree as follows:
1. Section 4.1 of the September FT Agreement, FT-NN Agreement and CSS
Agreement, respectively, shall be deleted in their entirety and the following
Section 4.1 substituted therefor in each agreement:
4.1 Subject to the provisions hereof, this Agreement shall become effective
as of the date first hereinabove written and shall be in full force and
effect for a primary term through February 28, 1998, and shall continue and
remain in force and effect for successive terms of one year each thereafter
if the parties mutually agree in writing to each such yearly extension at
least 60 days prior to the end of the primary term or any subsequent yearly
extension.
Amendatory Agreement
2. Section 4.1 of the November FT Agreement shall be deleted in its entirety
and the following Section 4.1 substituted therefor:
4.1 Subject to the provisions hereof, this Agreement shall become effective
as of the date first hereinabove written and shall be in full force and
effect for a primary term through the following dates: (a) April 30, 2007
for 114,905 Mcf per day of Transportation Demand, and June 30, 2007 for 1,000
Mcf per day of Transportation Demand, and shall continue and remain in force
and effect for successive terms of one year each after the end of each
primary term for the specified volume, unless and until cancelled with
respect to the associated volume by either party giving 180 days written
notice to the other party prior to the end of the specified primary term or
any yearly extension thereof; and (b) February 28, 1998, for 143,907 Mcf per
day of Transportation Demand, and shall continue and remain in force and
effect for successive terms of one year each thereafter if the parties
mutually agree in writing to each such yearly extension at least 60 days
prior to the end of the primary term or subsequent yearly extension.
3. The current Exhibit E to the September FT Agreement shall be deleted in
its entirety and the 1st Revised Exhibit E attached hereto effective March
1, 1995, shall be substituted therefor.
4. This Amendment is conditioned on the Stipulation becoming effective as
provided in Article XVIII thereof and the Stipulation not otherwise being
terminated pursuant to its terms. If the Stipulation does not become
effective or if it terminates pursuant to its terms, then either party may
give prior written notice to the other party to (a) reinstate the primary
term and Exhibit E which were in effect under the September FT Agreement
prior to the date of this Amendment, and (b) amend Section 4.1 of the
November FT Agreement, the FT-NN Agreement, and the CSS agreement to provide
that the respective primary terms under such agreements which were extended
herein through February 28, 1998, shall extend through the later of October
31, 1995, or ninety (90) days after the date that the Stipulation terminates.
Within fifteen (15) days after the Stipulation terminates, the parties shall
execute any documents necessary to effectuate the foregoing provision. If
the Stipulation becomes effective, then within fifteen (15) days after such
effective date, the parties shall execute such other amendments to the firm
transportation service agreements provided for in paragraph 1(b) of Article
XV of the Stipulation.
Amendatory Agreement
5. As provided in paragraph 2(a) of Article IV of the Stipulation, this
amendment is subject to the provisions of Articles III, paragraph 4 and XII,
paragraph 5 of the Stipulation.
6. Except as provided herein, the September FT Agreement, the November FT
Agreement, the FT-NN Agreement and the CSS Agreement shall remain in full
force and effect as written.
7. This Amendment is subject to all applicable, valid laws, orders, rules
and regulations of any governmental entity having jurisdiction over the
parties or the subject matter hereof.
WHEREFORE, the parties have executed this Amendment through their duly
authorized representatives to be effective as of the date first written
above.
ATTEST: SOUTHERN NATURAL GAS COMPANY
By: /s/ illegible signature By: /s/ Joel Anderson
___________________________ ___________________________
Title: Secretary Title: Vice President
_________________________ _________________________
ATTEST: ATLANTA GAS LIGHT COMPANY
By: /s/ Melanie M. Platt By: /s/ Stephen J. Gunther
___________________________ ___________________________
Title: Corporate Secretary Title: Vice President
_________________________ _________________________
Service Agreement No. 902470
FIRST REVISED
EXHIBIT E
DISCOUNT INFORMATION
Discounted Rates:
(1) The Reservation Charge under this Agreement shall be $10.50/Mcf;
(2) The applicable GSR Cost Surcharge and GSR Volumetric Surcharge shall be
capped at 50% each;
(3) All other surcharges shall be assessed at full rate under this
Agreement.
Discounted Rate Effective from 3/1/95 to 2/28/98,
subject to the termination provisions of the Amendatory Agreement between
the parties dated March 1, 1995, pursuant to which this revised Exhibit E
was established.
/s/ Stephen J. Gunther /s/ Joel Anderson
_________________________ ____________________________
ATLANTA GAS LIGHT COMPANY SOUTHERN NATURAL GAS COMPANY