[EXHIBIT 10tt TO COLONIAL GAS COMPANY
FORM 10-K FOR YEAR ENDING 12/31/93]
SERVICE AGREEMENT
APPLICABLE TO THE STORAGE OF NATURAL GAS
UNDER RATE SCHEDULE GSS-II
AGREEMENT made as of this September 30, 1993, by and
between CNG TRANSMISSION CORPORATION, a Delaware corporation,
hereinafter called "Pipeline," and COLONIAL GAS COMPANY, a
Massachusetts corporation, hereinafter called "Customer."
WITNESSETH: That in consideration of the mutual
covenants herein contained, the parties hereto agree that
Pipeline will store natural gas for Customer during the term, at
the rates and on the terms and conditions hereinafter provided
and, with respect to gas delivered by each of the parties to the
other, under and subject to Pipeline's Rate Schedule GSS-II and
all of the General Terms and Conditions contained in Pipeline's
FERC Gas Tariff and any revisions thereof that may be made
effective hereafter:
ARTICLE I
Quantities
Beginning as of October 1, 1993 and thereafter for the
remaining term of this agreement, Customer agrees to deliver to
Pipeline and Pipeline agrees to receive for storage in Pipeline's
underground storage properties, and Pipeline agrees to inject or
cause to be injected into storage for Customer's account, store,
withdraw from storage, and deliver to Customer and Customer
agrees to receive, quantities of natural gas as set forth on
Exhibit A, attached hereto.
ARTICLE II
Rate
A. For storage service rendered by Pipeline to
Customer hereunder, Customer shall pay Pipeline in accordance
with Rate Schedule GSS-II contained in Pipeline's effective FERC
Gas Tariff or any effective superseding rate schedule. Said rate
schedule or superseding rate schedule and any revisions thereof
which shall be filed and made effective shall apply to and be a
part of this Agreement. Pipeline shall have the right to propose
to and file with the Federal Energy Regulatory Commission or
other body having jurisdiction, changes and revisions of any
effective rate schedule, or to propose and file superseding rate
schedules, for the purpose of changing the rate, charges, and
other provisions thereof effective as to Customer; provided,
however, that any request by Pipeline to amend the terms and
conditions of Rate Schedule GSS-II must be consistent with the
terms and conditions of Article VII, Part 2, Paragraph (F) of the
Stipulation filed on March 31, 1993 by Pipeline in Docket No.
RS92-14 and conform to the requirements of Section 7(b) of the
Natural Gas Act, if applicable, and provided further that
Pipeline and Customer agree that they will not seek to place in
effect a change in any aspect of the terms and conditions under
Section 8 of Rate Schedule GSS-II for a period of two years from
the date of such request. The filing of requests, changes and
revisions of Rate Schedule GSS-II shall be without prejudice to
the right of Customer to contest or oppose such requests, filings
or revisions and their effectiveness.
B. The Storage Demand Charge and the Storage Capacity
Charge provided in the aforesaid rate schedule shall commence on
October 1, 1993.
ARTICLE III
Term of Agreement
Subject to all the terms and conditions herein, this
Agreement shall be effective as of October 1, 1993, and shall
continue in effect for a primary term through and including March
31, 2012, and for subsequent annual terms of April 1 through
March 31 thereafter, until either party terminates this Agreement
by giving written notice to the other at least twenty-four months
prior to the start of an annual term.
ARTICLE IV
Points of Receipt and Delivery
The Points of Receipt for Customer's tender of storage
injection quantities, and the Point(s) of Delivery for
withdrawals from storage shall be specified on Exhibit A,
attached hereto.
ARTICLE V
Miscellaneous
A. No change, modification or alteration of this
Agreement shall be or become effective until executed in writing
by the parties hereto; provided, however, that the parties do not
intend that this Article V.A. requires a further written
agreement either prior to the making of any request or filing
permitted under Article II hereof or prior to the effectiveness
of such request or filing after Commission approval, provided
further, however, that nothing in this Agreement shall be deemed
to prejudice any position the parties may take as to whether the
request, filing or revision permitted under Article II must be
made under Section 7 or Section 4 of the Natural Gas Act.
B. Any notice, request or demand provided for in this
Agreement, or any notice which either party may desire to give
the other, shall be in writing and sent to the following
addresses:
Pipeline: CNG Transmission Corporation
445 West Main Street
Clarksburg, West Virginia 26301
Attention: Vice President, Marketing
and Customer Services
Customer: Colonial Gas Company
40 Market Street
Lowell, MA 01852
Attention: John P. Harrington
Colonial Gas Company
40 Market Street
Lowell, MA 01852
Attention: Joseph P. Murphy
or at such other address as either party shall designate by
formal written notice.
C. No presumption shall operate in favor of or
against either party hereto as a result of any responsibility
either party may have had for drafting this Agreement.
D. The subject headings of the provisions of this
Agreement are inserted for the purpose of convenient reference,
and are not intended to become a part of or to be considered in
any interpretations of such provisions.
ARTICLE VI
Prior Contracts
This Service Agreement shall supersede and cancel, as
of the effective date, the Service Agreement for storage service
between Customer and Pipeline dated June 23, 1989.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be signed by their duly authorized officials as of
the day and year first above written.
CNG TRANSMISSION CORPORATION
(Pipeline)
By: _________________________
Its: Vice President
COLONIAL GAS COMPANY
(Customer)
By: John P. Harrington
Its: Vice President, Gas Supply
(Title)
EXHIBIT A
To The Storage Service Agreement
Dated September 30, 1993
Between CNG Transmission Corporation and
Colonial Gas Company
A. Quantities
The quantities of natural gas storage service which
Customer may utilize under this Service Agreement, as well as
Customer's applicable Billing Determinants, are as follows:
1. Storage Capacity of 222,200 Dekatherms (Dt), and
2. Storage Demand of 2,222 Dt per day.
B. Points of Receipt and Delivery
1. The Points of Receipt for Customer's tender of storage
injection quantities, and the maximum quantities and
character of service for each point shall be as set forth
below. Each of the parties will use due care and diligence
to assure that uniform pressures will be maintained at the
Receipt Point as reasonably may be required to render
service hereunder, but Pipeline will not be required to
accept gas at less than the minimum pressures specified
herein.
a. Up to 1,234 Dt per Day at the interconnection of the
facilities of Pipeline and Texas Eastern Transmission
Corporation ("Texas Eastern") or Transcontinental Gas
Pipe Line Corporation ("Transco") or other pipeline(s)
in Clinton County, Pennsylvania, known as the Leidy
Interconnection, at a pressure sufficient to enter
Pipeline's facilities at the point(s) of
interconnection.
b. Upon mutual agreement of Pipeline and Customer, up to
1,234 Dt per day at other interconnections on the
system of Pipeline, at a pressure sufficient to enter
Pipeline's facilities at the point(s) of
interconnection.
2. The Points of Delivery for withdrawals from storage, and the
maximum quantities and character of service for each point,
shall be as set forth below. Each of the parties will use
due care and diligence to assure that uniform pressures will
be maintained at the Delivery Points as reasonably may be
required to render service hereunder, but Pipeline will not
be required to deliver gas at greater than the maximum
pressures specified herein.
a. Up to 2,222 Dt per Day at an existing point of
interconnection between the facilities of Pipeline and
Texas Eastern Transmission Corporation ("Texas
Eastern"), in Franklin County, Pennsylvania, known as
the Chambersburg Interconnection, at a pressure of not
more than seven hundred (700) psig.
b. Upon mutual agreement of Pipeline and Customer, up to
2,222 Dt per day at other interconnections between the
facilities of Pipeline and Texas Eastern, at a pressure
sufficient to enter the system of Texas Eastern.
c. Upon mutual agreement of Pipeline and Customer, up to
2,222 Dt per day at other interconnections on the
system of Pipeline, at a pressure sufficient to enable
delivery by Pipeline.
d. Up to 2,222 Dt per Day at an existing point of
interconnection between the facilities of Pipeline and
Texas Eastern, in Greene County, Pennsylvania, known as
the Crayne Interconnection, on an interruptible basis
if operating conditions permit, at a pressure of not
more than eight hundred sixty-five (865) psig.
e. Up to 2,222 Dt per Day at the interconnection of the
facilities of Pipeline and Texas Eastern or other
pipeline(s) in Westmoreland County, Pennsylvania, known
as the Oakford Interconnection, on an interruptible
basis if operating conditions permit, at a pressure of
not less than eight hundred fifty (850) psig.
3. Pipeline shall deliver on a firm basis up to Customer's
Storage Demand, as adjusted pursuant to Section 8 of Rate
Schedule GSS-II and Article V of this Service Agreement.
SERVICE AGREEMENT
APPLICABLE TO THE STORAGE OF NATURAL GAS
UNDER RATE SCHEDULE GSS-II
AGREEMENT made as of this September 30, 1993, by
and between CNG TRANSMISSION CORPORATION, a Delaware
corporation, hereinafter called "Pipeline," and COLONIAL GAS
COMPANY, a Massachusetts corporation, hereinafter called
"Customer."
WITNESSETH: That in consideration of the mutual
covenants herein contained, the parties hereto agree that
Pipeline will store natural gas for Customer during the
term, at the rates and on the terms and conditions
hereinafter provided and, with respect to gas delivered by
each of the parties to the other, under and subject to
Pipeline's Rate Schedule GSS-II and all of the General Terms
and Conditions contained in Pipeline's FERC Gas Tariff and
any revisions thereof that may be made effective hereafter:
ARTICLE I
Quantities
Beginning as of October 1, 1993 and thereafter for
the remaining term of this agreement, Customer agrees to
deliver to Pipeline and Pipeline agrees to receive for
storage in Pipeline's underground storage properties, and
Pipeline agrees to inject or cause to be injected into
storage for Customer's account, store, withdraw from
storage, and deliver to Customer and Customer agrees to
receive, quantities of natural gas as set forth on Exhibit
A, attached hereto.
ARTICLE II
Rate
A. For storage service rendered by Pipeline to
Customer hereunder, Customer shall pay Pipeline in
accordance with Rate Schedule GSS-II contained in Pipeline's
effective FERC Gas Tariff or any effective superseding rate
schedule. Said rate schedule or superseding rate schedule
and any revisions thereof which shall be filed and made
effective shall apply to and be a part of this Agreement.
Pipeline shall have the right to propose to and file with
the Federal Energy Regulatory Commission or other body
having jurisdiction, changes and revisions of any effective
rate schedule, or to propose and file superseding rate
schedules, for the purpose of changing the rate, charges,
and other provisions thereof effective as to Customer;
provided, however, that any request by Pipeline to amend the
terms and conditions of Rate Schedule GSS-II must be
consistent with the terms and conditions of Article VII,
Part 2, Paragraph (F) of the Stipulation filed on March 31,
1993 by Pipeline in Docket No. RS92-14 and conform to the
requirements of Section 7(b) of the Natural Gas Act, if
applicable, and provided further that Pipeline and Customer
agree that they will not seek to place in effect a change in
any aspect of the terms and conditions under Section 8 of
Rate Schedule GSS-II for a period of two years from the date
of such request. The filing of requests, changes and
revisions of Rate Schedule GSS-II shall be without prejudice
to the right of Customer to contest or oppose such requests,
filings or revisions and their effectiveness.
B. The Storage Demand Charge and the Storage
Capacity Charge provided in the aforesaid rate schedule
shall commence on October 1, 1993.
ARTICLE III
Term of Agreement
Subject to all the terms and conditions herein,
this Agreement shall be effective as of October 1, 1993, and
shall continue in effect for a primary term through and
including March 31, 2012, and for subsequent annual terms of
April 1 through March 31 thereafter, until either party
terminates this Agreement by giving written notice to the
other at least twenty-four months prior to the start of an
annual term.
ARTICLE IV
Points of Receipt and Delivery
The Points of Receipt for Customer's tender of
storage injection quantities, and the Point(s) of Delivery
for withdrawals from storage shall be specified on Exhibit
A, attached hereto.
ARTICLE V
Miscellaneous
A. No change, modification or alteration of this
Agreement shall be or become effective until executed in
writing by the parties hereto; provided, however, that the
parties do not intend that this Article V.A. requires a
further written agreement either prior to the making of any
request or filing permitted under Article II hereof or prior
to the effectiveness of such request or filing after
Commission approval, provided further, however, that nothing
in this Agreement shall be deemed to prejudice any position
the parties may take as to whether the request, filing or
revision permitted under Article II must be made under
Section 7 or Section 4 of the Natural Gas Act.
B. Any notice, request or demand provided for in
this Agreement, or any notice which either party may desire
to give the other, shall be in writing and sent to the
following addresses:
Pipeline: CNG Transmission Corporation
445 West Main Street
Clarksburg, West Virginia 26301
Attention: Vice President, Marketing
and Customer Services
Customer: Colonial Gas Company
40 Market Street
Lowell, MA 01852
Attention: John P. Harrington
Colonial Gas Company
40 Market Street
Lowell, MA 01852
Attention: Joseph P. Murphy
or at such other address as either party shall designate by
formal written notice.
C. No presumption shall operate in favor of or
against either party hereto as a result of any
responsibility either party may have had for drafting this
Agreement.
D. The subject headings of the provisions of
this Agreement are inserted for the purpose of convenient
reference, and are not intended to become a part of or to be
considered in any interpretations of such provisions.
ARTICLE VI
Prior Contracts
This Service Agreement shall supersede and cancel,
as of the effective date, the Service Agreement for storage
service between Customer and Pipeline dated June 23, 1989.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be signed by their duly authorized
officials as of the day and year first above written.
CNG TRANSMISSION CORPORATION
(Pipeline)
By: _________________________
Its: Vice President
COLONIAL GAS COMPANY
(Customer)
By: John P. Harrington
Its: Vice President, Gas Supply
(Title)
EXHIBIT A
To The Storage Service Agreement
Dated September 30, 1993
Between CNG Transmission Corporation and
Colonial Gas Company
A. Quantities
The quantities of natural gas storage service
which Customer may utilize under this Service Agreement, as
well as Customer's applicable Billing Determinants, are as
follows:
1. Storage Capacity of 10,400 Dekatherms (Dt), and
2. Storage Demand of 104 Dt per day.
B. Points of Receipt and Delivery
1. The Point of Receipt for Customer's tender of storage
injection quantities, and the maximum quantities and
character of service for such point shall be as set
forth below. Each of the parties will use due care and
diligence to assure that uniform pressures will be
maintained at the Receipt Point as reasonably may be
required to render service hereunder, but Pipeline will
not be required to accept gas at less than the minimum
pressure specified herein.
Up to 58 Dt per Day at an existing point of
interconnection between the facilities of Pipeline
and Texas Eastern Transmission Corporation ("Texas
Eastern"), in Fayette County, Pennsylvania, known
as the North Summit Interconnection, at a pressure
of not less than seven hundred (700) pounds per
square inch ("psig").
2. The Points of Delivery for withdrawals from storage,
and the maximum quantities and character of service for
each point, shall be as set forth below. Each of the
parties will use due care and diligence to assure that
uniform pressures will be maintained at the Delivery
Points as reasonably may be required to render service
hereunder, but Pipeline will not be required to deliver
gas at greater than the maximum pressures specified
herein.
a. Up to 104 Dt per Day at an existing point of
interconnection between the facilities of Pipeline
and Texas Eastern, in Fayette County,
Pennsylvania, known as the North Summit
Interconnection, at a pressure of not more than
one thousand (1,000) psig.
b. Up to 104 Dt per Day at an existing point of
interconnection between the facilities of Pipeline
and Texas Eastern, in Greene County, Pennsylvania,
known as the Crayne Interconnection, on an
interruptible basis if operating conditions
permit, at a pressure of not more than eight
hundred sixty-five (865) psig.
c. Up to 104 Dt per Day at the interconnection of the
facilities of Pipeline and Texas Eastern or other
pipeline(s) in Westmoreland County, Pennsylvania,
known as the Oakford Interconnection, on an
interruptible basis if operating conditions
permit, at a pressure of not less than eight
hundred fifty (850) psig.
3. Pipeline shall deliver on a firm basis up to Customer's
Storage Demand, as adjusted pursuant to Section 8 of
Rate Schedule GSS-II and Article V of this Service
Agreement.
[END OF EXHIBIT 10tt TO COLONIAL GAS COMPANY
FORM 10-K FOR YEAR ENDING 12/31/93]