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EXHIBIT 10.1
Service Agreement No. 38107
Control No. 930905-116
FTS SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of
November, 1993, by and between COLUMBIA GAS TRANSMISSION CORPORATION
("Seller") and NATIONAL FUEL GAS DISTRIBUTION CORP. ("Buyer").
WITNESSETH: That in consideration of the mutual covenants
herein contained, the parties hereto agree as follows:
Section 1. Service to be Rendered. Seller shall perform
and Buyer shall receive service in accordance with the provisions of
the effective FTS Rate Schedule and applicable General Terms and
Conditions of Seller's FERC Gas Tariff, Second Revised Volume No. 1
(Tariff), on file with the Federal Energy Regulatory Commission
(Commission), as the same may be amended or superseded in accordance
with the rules and regulations of the Commission. The maximum
obligation of Seller to deliver gas hereunder to or for Buyer, the
designation of the points of delivery at which Seller shall deliver or
cause gas to be delivered to or for Buyer, and the points of receipt
at which Buyer shall deliver or cause gas to be delivered, are
specified in Appendix A, as the same may be amended from time to time
by agreement between Buyer and Seller, or in accordance with the rules
and regulations of the Commission. Service hereunder shall be
provided subject to the provisions of Part 284.223 of Subpart G of the
Commission's regulations. Buyer warrants that service hereunder is
being provided on behalf of Buyer.
Section 2. Term. Service under this Agreement shall
commence as of November 1, 1993, and shall continue in full force and
effect until October 31, 2004, and from year-to-year thereafter unless
terminated by either party upon six (6) months' written notice to the
other prior to the end of the initial term granted or any anniversary
date thereafter. Pre-granted abandonment shall apply upon termination
of this Agreement, subject to any right of first refusal Buyer may
have under the Commission's regulations and Seller's Tariff.
Section 3. Rates. Buyer shall pay Seller the charges and
furnish Retainage as described in the above-referenced Rate Schedule,
unless otherwise agreed to by the parties in writing and specified as
an amendment to this Service Agreement.
Section 4. Notices. Notices to Seller under this
Agreement shall be addressed to it at Post Office Box 1273,
Charleston, West Virginia 25325-1273, Attention: Director,
Transportation and Exchange and notices to Buyer shall be addressed to
it at 10 Lafayette Square, Buffalo, NY 14203, Attention: Michael E.
Novak, until changed by either party by written notice.
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Service Agreement No. 38107
Control No. 930905-116
FTS SERVICE AGREEMENT (Cont'd)
Section 5. Prior Service Agreements. This Agreement is
being entered into by the parties hereto pursuant to the Commission's
Order No. 636 and its orders dated July 14, 1993 and September 29,
1993, with respect to Seller's Order No. 636 compliance filing and
relates to the following existing Service Agreements:
FTS Service Agreement No. 34551 for National Fuel Gas
Supply Corp., predecessor in interest to National Fuel Gas
Distribution, effective November 1, 1989, as it may have
been amended, providing for transportation service under
the FTS Rate Schedule.
CDS Service Agreement No. 36064 for National Fuel Gas
Supply Corp., predecessor in interest to National Fuel Gas
Distribution Corp., effective November 1, 1989, as it may
have been amended, providing for a bundled sales,
transportation and storage service under the CDS Rate
Schedule.
The terms of Service Agreement No. 38107 shall become effective as of
the effective date hereof, however, the parties agree that neither the
execution nor the performance of Service Agreement 38107 shall
prejudice any recoupment or other rights that Buyer may have under or
with respect to the above-referenced Service Agreements.
NATIONAL FUEL GAS DISTRIBUTION COLUMBIA GAS TRANSMISSION
CORP. CORPORATION
By: /s/P. C. Ackerman By: /s/George E. Shriner
Title: Executive Vice President Title: Dir T&E
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Revision No.
Control No. 1993-09-05-0116
Appendix A to Service Agreement No. 38107
Under Rate Schedule FTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) NATIONAL FUEL GAS DISTRIBUTION CORPORATION
Transportation Demand 7,748 Dth/day
Primary Receipt Points
F
O
O
T
N
O
Scheduling Scheduling Measuring T Measuring Maximum Daily
Point No. Point Name Point No. E Point Name Quantity (Dth/day)
B15 UNIONVILLE B15 20
B17 HIGHLAND B17 958
C16 DELMONT C16 507
801 TCO-LEACH 801 6,263
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Revision No.
Control No. 1993-09-05-0116
Appendix A to Service Agreement No. 38107
Under Rate Schedule FTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) NATIONAL FUEL GAS DISTRIBUTION CORPORATION
Primary Receipt Points
F
O
O
T
N
O
Scheduling Scheduling Measuring T Measuring Maximum Daily
Point No. Point Name Point No. E Point Name Quantity (Dth/day)
L1 ELLWOOD CITY L1 7,748
L5 SMETHPORT L5 1,625
L7 NFS-MAINLINE
TAPS L7 34
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Revision No.
Control No. 1993-09-05-0116
Appendix A to Service Agreement No. 38107
Under Rate Schedule FTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) NATIONAL FUEL GAS DISTRIBUTION CORPORATION
GFNT / THIS CONTRACT SUPERSEDES CONTRACT 34551 IN PART.
ALL GAS SHALL BE DELIVERED AT EXISTING POINTS OF
INTERCONNECTION WITHIN THE MDDO'S IN SELLER'S CURRENTLY
EFFECTIVE SST SERVICE AGREEMENT WITH BUYER, WHICH FOR SUCH
POINTS SET FORTH ARE INCORPORATED HEREIN BY REFERENCE.
THE MARKET AREA IN WHICH EACH STATION IS LOCATED IS POSTED
ON SELLER'S EBB ARE INCORPORATED HEREIN BY REFERENCE.
DELIVERIES AT STATIONS IN MARKET AREA 36, OLEAN, ARE
CONTINGENT UPON BUYER OBTAINING GAS SUPPLIES AND ARRANGING
FOR DELIVERY OF SUCH GAS SUPPLIES TO THIS MARKET AREA.
SELLER'S OBLIGATION TO DELIVER GAS ON ANY DAY SHALL BE
LIMITED TO THE QUANTITIES ACTUALLY RECEIVED FOR BUYER'S
ACCOUNT TO THIS MARKET AREA.
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Revision No.
Control No. 1993-09-05-0116
Appendix A to Service Agreement No. 38107
Under Rate Schedule FTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) NATIONAL FUEL GAS DISTRIBUTION CORPORATION
The Master List of Interconnects (MLI) as defined in Section 1 of the
General Terms and Conditions of Seller's Tariff is incorporated herein
by reference for the purposes of listing valid secondary interruptible
receipt points and delivery points.
Service changes pursuant to this Appendix A shall become effective as
of November 1, 1993. This Appendix A shall cancel and supersede the
previous Appendix A effective as of N/A, to the Service Agreement
referenced above. With the exception of this Appendix A, all other
terms and conditions of said Service Agreement shall remain in full
force and effect.
NATIONAL FUEL GAS DISTRIBUTION CORP
By: /s/P. C. Ackerman
Its Executive Vice President
Date 11-1-93
COLUMBIA GAS TRANSMISSION CORPORATION
By: /s/George E. Shriner
Its Dir T&E
Date 2-13-94