SERVICE PACKAGE 2075
AMENDMENT NO. 0
GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
THIS AGREEMENT is made and entered into as of the 1st day of
September, 1993, by and between TENNESSEE GAS PIPELINE COMPANY,
a Delaware Corporation, hereinafter referred to as
"Transporter" and CONNECTICUT NATURAL GAS CORPORATION, a
CONNECTICUT Corporation, hereinafter referred to as "Shipper."
Transporter and Shipper shall collectively be referred to
herein as the "Parties."
ARTICLE I
DEFINITIONS
1.1 TRANSPORTATION QUANTITY (TQ) - shall mean the maximum
daily quantity of gas which Transporter agrees to receive
and transport on a firm basis, subject to Article II
herein, for the account of Shipper hereunder on each day
during each year during the term hereof, which shall be
731 dekatherms. Any limitations of the quantities to be
received from each Point of Receipt and/or delivered to
each Point of Delivery shall be as specified on Exhibit
"A" attached hereto.
1.2 EQUIVALENT QUANTITY - shall be as defined in Article I of
the General Terms and Conditions of Transporter's FERC
Gas Tariff.
ARTICLE II
TRANSPORTATION
Transportation Service - Transporter agrees to accept and
receive daily on a firm basis, at the Point(s) of Receipt from
Shipper or for Shipper's account such quantity of gas as
Shipper makes available up to the Transportation Quantity, and
to deliver to or for the account of Shipper to the Point(s) of
Delivery an Equivalent Quantity of gas.
ARTICLE III
POINT(S) OF RECEIPT AND DELIVERY
The Primary Point(s) of Receipt and Delivery shall be those
points specified on Exhibit "A" attached hereto.
ARTICLE IV
All facilities are in place to render the service provided for
in this Agreement.
SERVICE PACKAGE 2075
AMENDMENT NO. 0
ARTICLE V
QUALITY SPECIFICATIONS AND STANDARDS FOR MEASUREMENT
For all gas received, transported and delivered hereunder the
Parties agree to the Quality Specifications and Standards for
Measurement as specified in the General Terms and Conditions of
Transporter's FERC Gas Tariff Volume No. 1. To the extent that
no new measurement facilities are installed to provide service
hereunder, measurement operations will continue in the manner
in which they have previously been handled. In the event that
such facilities are not operated by Transporter or a downstream
pipeline, then responsibility for operations shall be deemed
to be Shipper's.
ARTICLE VI
RATES AND CHARGES FOR GAS TRANSPORTATION
6.1 TRANSPORTATION RATES - Commencing upon the effective date
hereof, the rates, charges, and surcharges to be paid by
Shipper to Transporter for the transportation service
provided herein shall be in accordance with Transporter's
Rate Schedule FT-A and the General Terms and Conditions
of Transporter's FERC Gas Tariff.
6.2 INCIDENTAL CHARGES - Shipper agrees to reimburse
Transporter for any filing or similar fees, which have
not been previously paid for by Shipper, which
Transporter incurs in rendering service hereunder.
6.3 CHANGES IN RATES AND CHARGES - Shipper agrees that
Transporter shall have the unilateral right to file with
the appropriate regulatory authority and make effective
changes in (a) the rates and charges applicable to
service pursuant to Transporter's Rate Schedule FT-A, (b)
the rate schedule(s) pursuant to which service hereunder
is rendered, or (c) any provision of the General Terms
and Conditions applicable to those rate schedules.
Transporter agrees that Shipper may protest or contest
the aforementioned filings, or may seek authorization
from duly constituted regulatory authorities for such
adjustment of Transporter's existing FERC Gas Tariff as
may be found necessary to assure Transporter just and
reasonable rates.
ARTICLE VII
BILLINGS AND PAYMENTS
Transporter shall bill and Shipper shall pay all rates and
charges in accordance with Articles V and VI, respectively, of
the General Terms and Conditions of Transporter's FERC Gas
Tariff.
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AMENDMENT NO. 0
ARTICLE VIII
GENERAL TERMS AND CONDITIONS
This Agreement shall be subject to the effective provisions of
Transporter's Rate Schedule FT-A and to the General Terms and
Conditions incorporated therein, as the same may be changed or
superseded from time to time in accordance with the rules and
regulations of the FERC.
ARTICLE IX
REGULATION
9.1 This Agreement shall be subject to all applicable and
lawful governmental statutes, orders, rules and
regulations and is contingent upon the receipt and
continuation of all necessary regulatory approvals or
authorizations upon terms acceptable to Transporter.
This Agreement shall be void and of no force and effect
if any necessary regulatory approval is not so obtained
or continued. All Parties hereto shall cooperate to
obtain or continue all necessary approvals or
authorizations, but no Party shall be liable to any other
Party for failure to obtain or continue such approvals or
authorizations.
9.2 The transportation service described herein shall be
provided subject to Subpart G, Part 284, of the FERC
Regulations.
ARTICLE X
RESPONSIBILITY DURING TRANSPORTATION
Except as herein specified, the responsibility for gas during
transportation shall be as stated in the General Terms and
Conditions of Transporter's FERC Gas Tariff Volume No. 1.
ARTICLE XI
WARRANTIES
11.1 In addition to the warranties set forth in Article IX of
the General Terms and Conditions of Transporter's FERC
Gas Tariff, Shipper warrants the following:
(a) Shipper warrants that all upstream and downstream
transportation arrangements are in place, or will
be in place as of the requested effective date of
service, and that it has advised the upstream and
downstream transporters of the receipt and delivery
points under this Agreement and any quantity
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SERVICE PACKAGE 2075
AMENDMENT NO. 0
limitations for each point as specified on Exhibit
"A" attached hereto. Shipper agrees to indemnify
and hold Transporter harmless for refusal to
transport gas hereunder in the event any upstream
or downstream transporter fails to receive or
deliver gas as contemplated by this Agreement.
(b) Shipper agrees to indemnify and hold Transporter
harmless from all suits, actions, debts, accounts,
damages, costs, losses and expenses (including
reasonable attorneys fees) arising from or out of
breach of any warranty by Shipper herein.
11.2 Transporter shall not be obligated to provide or continue
service hereunder in the event of any breach of warranty.
ARTICLE XII
TERM
12.1 This Agreement shall be effective as of the 1st day of
September, 1993, and shall remain in force and effect
until the 14th day of January, 2013, ("Primary Term") and
on a month to month basis thereafter unless terminated by
either Party upon at least thirty (30) days prior written
notice to the other Party; provided, however, that if the
Primary Term is one year or more, then unless Shipper
elects upon one year's prior written notice to
Transporter to request a lesser extension term, the
Agreement shall automatically extend upon the expiration
of the Primary Term for a term of five years and shall
automatically extend for successive five year terms
thereafter unless Shipper provides notice described above
in advance of the expiration of a succeeding term;
provided further, if the FERC or other governmental body
having jurisdiction over the service rendered pursuant to
this Agreement authorizes abandonment of such service,
this Agreement shall terminate on the abandonment date
permitted by the FERC or such other governmental body.
12.2 Any portions of this Agreement necessary to resolve or
cash-out imbalances under this Agreement as required by
the General Terms and Conditions of Transporter's FERC
Gas Tariff Volume No. 1, shall survive the other parts of
this Agreement until such time as such balancing has been
accomplished; provided, however, that Transporter
notifies Shipper of such imbalance no later than twelve
months after the termination of this Agreement.
12.3 This Agreement will terminate automatically upon written
notice from Transporter in the event Shipper fails to pay
all of the amount of any bill for service rendered by
Transporter hereunder in accord with the terms and
conditions of Article VI of the General Terms and
Conditions of Transporter's FERC Tariff.
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SERVICE PACKAGE 2075
AMENDMENT NO. 0
ARTICLE XIII
NOTICE
Except as otherwise provided in the General Terms and
Conditions applicable to this Agreement, any notice under this
Agreement shall be in writing and mailed to the post office
address of the Party intended to receive the same, as follows:
TRANSPORTER: TENNESSEE GAS PIPELINE COMPANY
P.O. BOX 2511
HOUSTON, TX 77252-2511
ATTENTION: TRANSPORTATION MARKETING
SHIPPER:
NOTICES: CONNECTICUT NATURAL GAS CORPORATION
100 COLUMBUS BLVD
HARTFORD, CT 06144
Attention: JOHN P. RUDIAK
BILLING: CONNECTICUT NATURAL GAS CORPORATION
100 COLUMBUS BLVD
HARTFORD, CT 06144
Attention: Julia Schiavi /EK
or to such other address as either Party shall designate by
formal written notice to the other.
ARTICLE XIV
ASSIGNMENTS
14.1 Either Party 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. Either Party may, without
relieving itself of its obligation under this Agreement,
assign any of its rights hereunder to a company with
which it is affiliated. Otherwise, Shipper shall not
assign this Agreement or any of its rights hereunder,
except in accord with Article II Section 11 of the
General Terms and Conditions of Transporter's FERC Gas
Tariff.
14.2 Any person which shall succeed by purchase, merger, or
consolidation to the properties, substantially as an
entirety, of either Party hereto shall be entitled to the
rights and shall be subject to the obligations of its
predecessor in interest under this Agreement.
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SERVICE PACKAGE 2075
AMENDMENT NO. 0
ARTICLE XV
MISCELLANEOUS
15.1 The interpretation and performance of this Agreement
shall be in accordance with and controlled by the laws of
the State of Texas, without regard to the doctrines
governing choice of law.
15.2 If any provisions of this Agreement is declared null and
void, or voidable, by a court of competent jurisdiction,
then that provision will be considered severable at
either Party's option; and if the severability option is
exercised, the remaining provisions of the Agreement
shall remain in full force and effect.
15.3 Unless otherwise expressly provided in this Agreement or
Transporter's Gas Tariff, no modification of or
supplement to the terms and provisions stated in this
agreement shall be or become effective until Shipper has
submitted a request for change through the TENN-SPEED
(Trademark) 2 System and Shipper has been notified
through TENN-SPEED 2 of Transporter's agreement to such
change.
15.4 Exhibit "A" attached hereto is incorporated herein by
reference and made a part hereof for all purposes.
IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be duly executed as of the date first hereinabove
written.
TENNESSEE GAS PIPELINE COMPANY
BY: Byron S. Wright 4-7-95
---------------------------
Byron S. Wright
Agent and Attorney-in-Fact
CONNECTICUT NATURAL GAS CORPORATION
BY: E.M. Karanian
-----------------------------
TITLE: Asst. VP
-------------------------
DATE: 2/9/95
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GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
EXHIBIT "A"
AMENDMENT #0 TO GAS TRANSPORTATION AGREEMENT
DATED September 1, 1993
BETWEEN
TENNESSEE GAS PIPELINE COMPANY
AND
CONNECTICUT NATURAL GAS CORPORATION
CONNECTICUT NATURAL GAS CORPORATION
EFFECTIVE DATE OF AMENDMENT: September 1, 1993
RATE SCHEDULE: FT-A
SERVICE PACKAGE: 2075
SERVICE PACKAGE TQ: 731 Dth
METER METER NAME INTERCONNECT PARTY NAME COUNTY ST ZONE R/D LEG METER-TQ BILLABLE-TQ
------------------------------------------------------------------------------------------------------------------------------
010902 TRANS-NIAGARA RIVER PURCHASE TRANS CANADA PIPELINE LTD NIAGARA NY 05 R 230 731 731
Total Receipt TQ: 731 731
020217 CONNECTICUT-PUTNAM LAKE CONN CONNECTICUT NATURAL GAS CORP FAIRFIELD CT 06 D 300 731 731
Total Delivery TQ: 731 731
NUMBER OF RECEIPT POINTS AFFECTED: 1
NUMBER OF DELIVERY POINTS AFFECTED: 1
Note: Exhibit "A" is a reflection of the contract and all amendments
as of the amendment effective date.