SERVICE PACKAGE NO. 1626
GAS STORAGE CONTRACT
(For Use Under Rate Schedule FS)
This Contract is made as of the 1st day of December, 1994, by and between
TENNESSEE GAS PIPELINE COMPANY, a Delaware corporation herein called
"Transporter," and CONNECTICUT NATURAL GAS CORP, a CONNECTICUT Corporation,
herein called "Shipper." Transporter and Shipper collectively shall be
referred to herein as the "Parties."
ARTICLE I - SCOPE OF AGREEMENT
Following the commencement of service hereunder, in accordance with the
terms of Transporter's Rate Schedule FS, and of this Agreement, Transporter
shall receive for injection for Shipper's account a daily quantity of gas
up to Shipper's Maximum Injection Quantity of 4,067 dekatherms (Dth) and
Maximum Storage Quantity (MSQ) of 610,003 (Dth) (on a cumulative basis) and
on demand shall withdraw from Shipper's storage account and deliver to
Shipper a daily quantity of gas up to Shipper's Maximum Daily Withdrawal
Quantity (MDWQ) of 13,826 Dth; provided however, that when Shipper's
storage balance is equal to or less than 30% of the MSQ but greater than
20% of the MSQ, the Maximum Daily Withdrawal Quantity shall be 8,574 Dth;
and provided further, that when Shipper's storage balance is less than or
equal to 20% of the MSQ, the Maximum Daily Withdrawal Quantity shall be
5,099 Dth. For demand charge purposes, the MDWQ for balances greater than
30% of the MSQ shall be used.
ARTICLE II - SERVICE POINT
The point or points at which the gas is to be tendered for delivery by
Transporter to Shipper under this Agreement shall be at the storage service
point at Transporter's Compressor Station 313.
ARTICLE III - PRICE
1. Shipper agrees to pay Transporter for all natural gas storage service
furnished to Shipper hereunder, including compensation for system fuel
and losses, at Transporter's legally effective rate or at any effective
superseding rate applicable to the type of service specified herein.
Transporter's present legally effective rate for said service is
contained in Transporter's Tariff as filed with the Federal Energy
Regulatory Commission.
2. Shipper agrees to reimburse Transporter for any filing or similar fees,
which have not been previously paid by Shipper, which Transporter incurs
in rendering service hereunder.
3. Shipper agrees that Transporter shall have the unilateral right to file
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SERVICE PACKAGE NO. 1626
with the appropriate regulatory authority and make changes effective in
(a) the rates and charges applicable to service pursuant to
Transporter's Rate Schedule FS, (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 IV - INCORPORATION OF RATE SCHEDULE AND TARIFF PROVISIONS
This agreement shall be subject to the terms of Transporter's Rate Schedule
FS, as filed with the Federal Energy Regulatory Commission, together with
the General Terms and Conditions applicable thereto (including any changes
in said Rate Schedule or General Terms and Conditions as may from time to
time be filed and made effective by Transporter).
ARTICLE V - TERM OF AGREEMENT
This Agreement shall be effective as of the December 1, 1994 and shall
remain in force and effect until November 1, 2000, ("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.
This Agreement will terminate upon notice from Transporter in the event
Shipper fails to pay all of the amount of any bill for service rendered by
Transporter hereunder in accordance with the terms and conditions of
Article VI of the General Terms and Conditions of Transporters Tariff.
ARTICLE VI - NOTICES
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:
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SERVICE PACKAGE NO. 1626
TRANSPORTER: TENNESSEE GAS PIPELINE COMPANY
P. O. Box 2511
Houston, Texas 77252-2511
Attention: Transportation Marketing
SHIPPER:
NOTICES: CONNECTICUT NATURAL GAS CORP
100 COLUMBUS BLVD
HARTFORD, CT 06144
Attention: John P. Rudiak
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SERVICE PACKAGE NO. 1626
BILLING: CONNECTICUT NATURAL GAS CORP
100 COLUMBUS BLVD
HARTFORD, CT 06144
Attention: Patricia Hatch
or to such other address as either Party shall designate by formal written
notice to the other.
ARTICLE VII - ASSIGNMENT
Any company which shall succeed by purchase, merger or consolidation to the
properties, substantially as an entirety, of Transporter or of Shipper, as
the case may be, shall be entitled to the rights and shall be subject to
the obligations of its predecessor in title under this Agreement.
Otherwise no assignment of the Agreement or any of the rights or
obligations thereunder shall be made by Shipper, except pursuant to the
General Terms and Conditions of Transporter's FERC Gas Tariff.
It is agreed, however, that the restrictions on assignment contained in
this Article shall not in any way prevent either Party to the Agreement
from pledging or mortgaging its rights thereunder as security for its
indebtedness.
ARTICLE VIII - MISCELLANEOUS
8.1 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 doctrines governing choice of law.
8.2 If any provision 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.
8.3 Unless otherwise expressly provided in this Agreement or
Transporter's 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(R) 2 System and Shipper has been notified through
TENN-SPEED 2 of Transporter's agreement to such change.
8.4 Transporter and Shipper agree that this Agreement, as of the date
hereof, shall supersede and cancel the following Agreement(s)
between the Parties hereto:
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SERVICE PACKAGE NO. 1626
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed by their authorized agents.
TENNESSEE GAS PIPELINE COMPANY
BY: L. C. Kaestner
--------------------------
Agent and Attorney-in-fact
DATE: April 11, 1996
------------------------
CONNECTICUT NATURAL GAS CORP
BY: Edna M. Karanian
----------------------------
TITLE: Assistant Vice President
-------------------------
DATE: March 19, 1996
--------------------------
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GAS STORAGE SERVICE AGREEMENT
EXHIBIT "A"
TO FIRM GAS STORAGE SERVICE AGREEMENT
DATED DECEMBER 1, 1994
BETWEEN
TENNESSEE GAS PIPELINE COMPANY
AND
CONNECTICUT NATURAL GAS CORP
SERVICE PACKAGE MSQ: 610,003 Dth
MAXIMUM DAILY WITHDRAWAL QUANTITY: 4,067 Dth
MAXIMUM DAILY WITHDRAWAL QUANTITY (MDWQ):
STORAGE BALANCE STORAGE BALANCE MAXIMUM DAILY WITHDRAWAL
FROM DTH TO DTH QUANTITY DTH
183,002 610,003 13,826 Ratchet 0
122,002 183,001 8,574 Ratchet 1
0 122,001 5,099 Ratchet 2
SERVICE POINT: Compressor Station 313
INJECTION METER: 060018 TGP-NORTHERN STORAGE INJECTION
WITHDRAWAL METER: 070018 TGP-NORTHERN STORAGE WITHDRAWAL
STORAGE STORAGE MDIQ
METER METER NAME COUNTY ST ZONE I/W LEG BALANCE FROM BALANCE TO MDWQ
060018 TGP-NORTHERN STORAGE INJECTION POTTER PA 04 I 300 4,067
070018 TGP-NORTHERN STORAGE WITHDRAWAL POTTER PA 04 W 300 183,002 610,003 13,826 Ratchet 0
122,002 183,001 8,574 Ratchet 1
0 122,001 5,099 Ratchet 2
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