[EXHIBIT 10ss TO COLONIAL GAS COMPANY
10-K FOR YEAR ENDED DECEMBER 31, 1995]
Tennessee Gas Pipeline 1010 Milam Street
A Tenneco Company P.O. Box 2511
Houston, Texas 77252-2511
(713) 757-2131
July 21, 1995
Mr. John P. Harrington
Colonial Gas Company
40 Market Street
P.O. Box 3064
Lowell, MA 01853-3064
Re: Amendment No. 1 to
Gas Storage Contract
Dated December 1, 1994
Service Package No. 524
Dear John:
TENNESSEE GAS PIPELINE COMPANY (TENNESSEE) AND COLONIAL GAS
COMPANY (COLONIAL) agree to amend the above referenced gas
storage contract effective July 1, 1995, to increase the
Maximum Daily Withdrawal Quantity (MDWQ) when Shipper's
storage balance is equal to or less than 30% of the Maximum
Storage quantity (MSQ) and 20% of the MSQ, respectively,
as reflected in the attached Exhibit A-1 and as described
below.
The parties agree to amend Article I of the subject gas storage
contract as follows:
Following the commencement of services 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 7,306 dekatherms (Dth) and
Maximum Storage Quantity (MSQ) of 1,095,830 (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 14,150 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 12,065 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 7,670 Dth. For
demand charge purposes, the MDWQ for balances greater than 30%
of the MSQ shall be used.
Except as amended herein, all terms and provisions of the above
referenced gas storage contract shall remain in full force and
effect as written.
If the foregoing is in accordance with your understanding of our
agreement, please so indicate by signing and returning both
originals of this letter. Upon Tennessee's execution, an
original will be forwarded to you for your files.
Should you have any questions, please do not hesitate to contact
me at (713) 757-5125.
Sincerely,
/s/ John Templet
John Templet
Account Manager
ACCEPTED AND AGREED TO
This______ day of _________, 1995.
TENNESSEE GAS PIPELINE COMPANY
By:/s/ [Illegible]
ACCEPTED AND AGREED TO
This_____ day of _________, 1995.
COLONIAL GAS COMPANY
By /s/ John P. Harrington
Title: Senior Vice President - Gas Supply
Date: 7-27-95
GAS STORAGE SERVICE AGREEMENT
EXHIBIT "A-1"
SHOWING REQUESTED CHANGES
AMENDMENT #1 TO GAS STORAGE CONTRACT
DATED December 1, 1994
BETWEEN
TENNESSEE GAS PIPELINE COMPANY
AND
COLONIAL GAS COMPANY
SERVICE PACKAGE MSQ: 1,095,830 Dth
MAXIMUM DAILY INJECTION QUANTITY: 7,306
MAXIMUM DAILY WITHDRAWAL QUANTITY (MDWQ):
STORAGE BALANCE STORAGE BALANCE MAXIMUM DAILY WITH-
FROM DTH TO DTH DRAWAL QUANTITY DTH
328,750 1,095,830 14,150 Ratchet 0
219,167 328,749 12,065 Ratchet 1
0 219,166 7,670 Ratchet 2
SERVICE POINT: Compressor Station 313
INJECTION METER: 060018 TGP-NORTHERN STORAGE INJECTION
WITHDRAWAL METER: 070018 TGP-NORTHERN STORAGE WITHDRAWAL
METER METER NAME COUNTY ST ZONE I/W LEG
060018 TGP-NORTHERN POTTER PA 04 I 300
STORAGE INJECTION
070018 TGP-NORTHERN POTTER PA 04 W 300
STORAGE WITHDRAWAL
STORAGE STORAGE MDIQ
METER METER NAME BALANCE FROM BALANCE TO MDWQ
080018 TGP-NORTHERN 7,306
STORAGE
INJECTION
070018 TGP-NORTHERN 328,750 1,095,830 14,150 Ratchet 0
STORAGE 219,167 328,749 12,065 Ratchet 1
WITHDRAWAL 0 219,166 7,670 Ratchet 2
SERVICE PACKAGE 524
GAS STORAGE SERVICE CONTRACT
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 COLONIAL GAS CO a
MASSACHUSETTS Corporation, herein called "Shipper." Transporter
and Shipper collectively shall be referred to herein as the
"Parties."
ARTICLE I - SCOPE OF AGREEMENT
[SEE AMENDMENT NO. 1 EFFECTIVE JULY 1, 1995]
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 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:
TRANSPORTER: TENNESSEE GAS PIPELINE COMPANY
P. O. Box 2511
Houston, Texas 77252-2511
Attention: Transportation Services
SHIPPER:
NOTICES: COLONIAL GAS CO
40 MARKET STREET
LOWELL, MA 01852
Attention: JOHN P. HARRINGTON
BILLING: COLONIAL GAS CO
40 MARKET STREET
P.O. BOX 3064
LOWELL, MA 01853-3064
Attention: MARTIN DEBRUIN
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 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 Gas Storage
Contract Number 524, dated September 1, 1993 between the
Parties hereto.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
duly executed by their authorized agents.
TENNESSEE GAS PIPELINE COMPANY
BY:___________________________
RANDALL G. SCHORE
Agent and Attorney-in-fact
DATE:_________________________
COLONIAL GAS CO
BY: /s/ John P. Harrington
TITLE: Vice President - Gas Supply
DATE: 11-28-94
GAS STORAGE SERVICE AGREEMENT
EXHIBIT "A"
TO FIRM GAS STORAGE SERVICE AGREEMENT
DATED December 1, 1994
BETWEEN
TENNESSEE GAS PIPELINE COMPANY
AND
COLONIAL GAS COMPANY
[SUPERSEDED BY AMENDMENT NO. 1 EFFECTIVE JULY 1, 1995]
[END OF EXHIBIT 10ss TO COLONIAL GAS COMPANY
10-K FOR YEAR ENDED DECEMBER 31, 1995]