93305
SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE AFT-1)
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This Agreement ("Agreement") is made and entered into this
1st day of June 1993, by and between Algonquin Gas
Transmission Company, a Delaware Corporation (herein called
"Algonquin"), and Connecticut Natural Gas Corporation
(herein called "Customer" whether one or more persons).
In consideration of the premises and of the mutual covenants
herein contained, the parties do agree as follows:
ARTICLE I
SCOPE OF AGREEMENT
1.1 Subject to the terms, conditions and limitations hereof
and of Algonquin's Rate Schedule AFT-1, Algonquin
agrees to receive from or for the account of Customer
for transportation on a firm basis quantities of
natural gas tendered by Customer on any day at the
Point(s) of Receipt; provided, however, Customer shall
not tender without the prior consent of Algonquin, at
any Point of Receipt on any day a quantity of natural
gas in excess of the applicable Maximum Daily Receipt
Obligation for such Point of Receipt plus the
applicable Fuel Reimbursement Quantity; and provided
further that Customer shall not tender at all Point(s)
of Receipt on any day or in any year a cumulative
quantity of natural gas, without the prior consent of
Algonquin, in excess of the following quantities of
natural gas plus the applicable Fuel Reimbursement
Quantities:
Maximum Daily Transportation Quantity 1,877 MMBtu
Maximum Annual Transportation Quantity 685,105 MMBtu
1.2 Algonquin agrees to transport and deliver to or for the
account of Customer at the Point(s) of Delivery and
Customer agrees to accept or cause acceptance of
delivery of the quantity received by Algonquin on any
day, less the Fuel Reimbursement Quantities; provided,
however, Algonquin shall not be obligated to deliver at
any Point of Delivery on any day a quantity of natural
gas in excess of the applicable Maximum Daily Delivery
Obligation.
93305
SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE AFT-1)
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ARTICLE II
TERM OF AGREEMENT
2.1 This Agreement shall become effective as of the date
set forth hereinabove and shall continue in effect for
a term ending on and including March 31, 1997 ("Primary
Term") and shall remain in force from year to year
thereafter unless terminated by either party by written
notice one year or more prior to the end of the Primary
Term or any successive term thereafter. Algonquin's
right to cancel this Agreement upon the expiration of
the Primary Term hereof or any succeeding term shall be
subject to Customer's rights pursuant to Sections 8 and
9 of the General Terms and Conditions.
2.2 This Agreement may be terminated at any time by
Algonquin in the event Customer fails to pay part or
all of the amount of any bill for service hereunder and
such failure continues for thirty days after payment is
due; provided Algonquin gives ten days prior written
notice to Customer of such termination and provided
further such termination shall not be effective if,
prior to the date of termination, Customer either pays
such outstanding bill or furnishes a good and
sufficient surety bond guaranteeing payment to
Algonquin of such outstanding bill; provided that
Algonquin shall not be entitled to terminate service
pending the resolution of a disputed bill if Customer
complies with the billing dispute procedure currently
on file in Algonquin's tariff.
ARTICLE III
RATE SCHEDULE
3.1 Customer shall pay Algonquin for all services rendered
hereunder and for the availability of such service
under Algonquin's Rate Schedule AFT-1 as filed with the
Federal Energy Regulatory Commission and as the same
may be hereafter revised or changed. The rate to be
charged Customer for transportation hereunder shall not
be more than the maximum rate under Rate Schedule
AFT-1, nor less than the minimum rate under Rate
Schedule AFT-1.
93305
SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE AFT-1)
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3.2 This Agreement and all terms and provisions contained
or incorporated herein are subject to the provisions of
Algonquin's applicable rate schedules and of
Algonquin's General Terms and Conditions on file with
the Federal Energy Regulatory Commission, or other duly
constituted authorities having jurisdiction, and as the
same may be legally amended or superseded, which rate
schedules and General Terms and Conditions are by this
reference made a part hereof.
3.3 Customer agrees that Algonquin shall have the
unilateral right to file with the appropriate
regulatory authority and make changes effective in (a)
the rates and charges applicable to service pursuant to
Algonquin's Rate Schedule AFT-1, (b) Algonquin's Rate
Schedule AFT-1, pursuant to which service hereunder is
rendered or (c) any provision of the General Terms and
Conditions applicable to Rate Schedule AFT-1.
Algonquin agrees that Customer may protest or contest
the aforementioned filings, or may seek authorization
from duly constituted regulatory authorities for such
adjustment of Algonquin's existing FERC Gas Tariff as
may be found necessary to assure that the provisions in
(a), (b), or (c) above are just and reasonable.
ARTICLE IV
POINT(S) OF RECEIPT
Natural gas to be received by Algonquin for the account of
Customer hereunder shall be received at the outlet side of
the measuring station(s) at or near the Primary Point(s) of
Receipt set forth in Exhibit A of the service agreement,
with the Maximum Daily Receipt Obligation and the receipt
pressure obligation indicated for each such Primary Point of
Receipt. Natural gas to be received by Algonquin for the
account of Customer hereunder may also be received at the
outlet side of any other measuring station on the Algonquin
system, subject to reduction pursuant to Section 6.2 of Rate
Schedule AFT-1.
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SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE AFT-1)
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ARTICLE V
POINT(S) OF DELIVERY
Natural gas to be delivered by Algonquin for the account of
Customer hereunder shall be delivered on the outlet side of
the measuring station(s) at or near the Primary Point(s) of
Delivery set forth in Exhibit B of the service agreement,
with the Maximum Daily Delivery Obligation and the delivery
pressure obligation indicated for each such Primary Point of
Delivery. Natural gas to be delivered by Algonquin for the
account of Customer hereunder may also be delivered at the
outlet side of any other measuring station on the Algonquin
system, subject to reduction pursuant to Section 6.4 of Rate
Schedule AFT-1.
ARTICLE VI
ADDRESSES
Except as herein otherwise provided or as provided in the
General Terms and Conditions of Algonquin's FERC Gas Tariff,
any notice, request, demand, statement, bill or payment
provided for in this Agreement, or any notice which any
party may desire to give to the other, shall be in writing
and shall be considered as duly delivered when mailed by
registered, certified, or first class mail to the post
office address of the parties hereto, as the case may be, as
follows:
(a) Algonquin: Algonquin Gas Transmission Company
1284 Soldiers Field Road
Boston, MA 02135
Attn: John J. Mullaney
Vice President, Marketing
(b) Customer: Connecticut Natural Gas Corporation
100 Columbus Boulevard
P. O. Box 1500
Hartford, CT 06144-1500
Attn: Harry Kraiza, Jr.
Vice President, Energy Services
or such other address as either party shall designate by
formal written notice.
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SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE AFT-1)
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ARTICLE VII
INTERPRETATION
The interpretation and performance of the Agreement shall be
in accordance with the laws of the Commonwealth of
Massachusetts, excluding conflicts of law principles that
would require the application of the laws of a different
jurisdiction.
ARTICLE VIII
AGREEMENTS BEING SUPERSEDED
When this Agreement becomes effective, it shall supersede
the following agreements between the parties hereto, except
that in the case of conversions from former Rate Schedules
F-2 and F-3, the parties' obligations under Article II of
the service agreements pertaining to such rate schedules
shall continue in effect.
Service Agreement executed by Customer and Algonquin under
Rate Schedule F-3 dated September 12, 1984.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be signed by their respective agents thereunto
duly authorized, the day and year first above written.
ALGONQUIN GAS TRANSMISSION COMPANY
By: /s/ John J. Mullaney
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Title: /s/ Vice President, Marketing
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CONNECTICUT NATURAL GAS CORPORATION
By: /s/ Harry Kraiza, Jr.
--------------------------------
Title: /s/ Vice President, Energy Services
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93305
SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE AFT-1)
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Exhibit A
Point(s) of Receipt
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Dated:
To the service agreement under Rate Schedule AFT-1
between Algonquin Gas Transmission Company (Algonquin)
and Connecticut Natural Gas Corporation (Customer)
concerning Point(s) of Receipt
Primary Maximum Daily Maximum
Point of Receipt Obligation R e c e i p t
Pressure
Receipt (MMBtu) (Psig)
---------------- ------------------- ---------------
-
Centerville, NJ 1,877 At any pressure
requested by
Algonquin not
in excess of
750 Psig.
Signed for Identification
Algonquin: /s/ John J. Mullaney
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Customer: /s/ Harry Kraiza, Jr.
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93305
SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE AFT-1)
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93305
SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE AFT-1)
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Exhibit B
Point(s) of Delivery
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Dated:
To the service agreement under Rate Schedule AFT-1
between Algonquin Gas Transmission Company (Algonquin)
and Connecticut Natural Gas Corporation (Customer)
concerning Point(s) of Delivery
Primary Maximum Daily Minimum
Point of Delivery Obligation Delivery Pressure
Delivery (MMBtu) (Psig)
On the outlet side of
meter station located at:
Cromwell, CT 0 -
Farmington,
(Southington) CT 1,877 100
Glastonbury, CT 0 -
Mansfield, CT 0 -
Cheshire,
(Kensington) CT 0 -
On the outlet side of
meter station located at
Norwich, CT:
At the point where Algonquin's
line crosses Route No. 2 in
Norwichtown 0 -
In the Yantic area in the
vicinity of Browning Road 0 -
93305
SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE AFT-1)
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Exhibit B
Point(s) of Delivery
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(Continued)
Dated:
To the service agreement under Rate Schedule AFT-1
between Algonquin Gas Transmission Company (Algonquin)
and Connecticut Natural Gas Corporation (Customer)
concerning Point(s) of Delivery
Customer hereby designates and authorizes Algonquin to act as
Customer's agent for the purpose of apportioning the total deliveries
at the Farmington (Southington) and Cheshire (Kensington) Points of
Delivery between Customer and Yankee Gas Services Company to whom
deliveries are also made at these Points of Delivery, and who has also
designated Algonquin as agent for this purpose. Customer further
designates and authorizes Customer to act as Customer's agent for the
purpose of apportioning the total deliveries at the Norwichtown and
Yantic (Browning Road) Points of Delivery between Customer and City of
Norwich, Connecticut, Board of Public Utilities Commissioners, to whom
deliveries are also made at the Points of Delivery, and who has also
designated Customer as his agent for this purpose. (One Customer
receiving deliveries at a point may be designated by the other or
others to act as agent for this purpose.) The Customer shall be
obligated to furnish to the agent daily all data necessary to compute
the quantities of gas delivered to Customer on each day. The agent
shall be required to notify Algonquin of the percentage which the
quantity of gas delivered daily to Customer at such Points of Delivery
bears to the total quantity delivered daily to all Customers at such
points. The agent shall be responsible for sending reports of all
such daily delivery percentages to Algonquin not later than three days
after the day on which the delivery was made. The agent will maintain
all records, data, and computations incident to such determinations
for a period of at least five years, available for inspection by the
parties and duly constituted regulatory authorities on reasonable
notice therefor.
Signed for Identification
Algonquin:/s/ John J. Mullaney
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Customer:/s/ Harry Kraiza, Jr.
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