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EXHIBIT 10.3
Service Agreement No. 38036
Control No. 930905-082
SST 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 SST 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(Commission), as the same may be amended or superseded in accordance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. 38036
Control No. 930905-082
SST 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:
FSS Service Agreement No. 34629 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 storage and transportation
service under the FSS 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. 38036 shall become effective as of
the effective date hereof, however, the parties agree that neither the
execution nor the performance of Service Agreement 38036 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. 1993-09-05-0082
Appendix A to Service Agreement No. 38036
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) NATIONAL FUEL GAS DISTRIBUTION CORP
October through March Transportation Demand 18,417 Dth/day
April through September Transportation Demand 9,208 Dth/day
Primary Receipt Points
Scheduling Scheduling Maximum Daily
Point No. Point Name Quantity (Dth/day)
STOW STORAGE WITHDRAWALS 18,417
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Revision No.
Control No. 1993-09-05-0082
Appendix A to Service Agreement No. 38036
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) NATIONAL FUEL GAS DISTRIBUTION CORP
Primary Receipt Points
F
O
O
T
Maximum S1/
N
Delivery
O Maximum Daily
Pressure
Scheduling Scheduling Measuring T Measuring Delivery Obligation
Obligation
Point No. Point Name Point No. E Point Name (Dth/Day) (PSIG)
L1 ELLWOOD CITY 600065 ELLWOOD CITY 26,165 700
L2 WARREN 617733 WARREN 0 400
L3 WATERFORD 620549 WATERFORD 0 500
L4 EAST FORK/
EMPORIUM 632291 01 FIRST FORK 0 500
L5 SMETHPORT 630202 SMETHPORT 1,625 100
L7 NFS-MAINLINE
TAPS 606000 MAINLINE TAPS 34
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Revision No.
Control No. 1993-09-05-0082
Appendix A to Service Agreement No. 38036
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) NATIONAL FUEL GAS DISTRIBUTION CORP
S1 / IF A MAXIMUM PRESSURE IS NOT SPECIFICALLY STATED, THEN
SELLER'S OBLIGATION SHALL BE AS STATED IN SECTION 13
(DELIVERY PRESSURE) OF THE GENERAL TERMS AND CONDITIONS.
FN01 / NATIONAL FUEL GAS SUPPLY CORPORATION OWNS, OPERATES AND
MAINTAINS THIS MEASURING STATION.
GFNT / UNLESS STATION SPECIFIC MDDOS ARE SPECIFIED IN A SEPARATE
FIRM SERVICE AGREEMENT BETWEEN SELLER AND BUYER, SELLER'S
AGGREGATE MAXIMUM DAILY DELIVERY OBLIGATION, UNDER THIS
AND ANY OTHER SERVICE AGREEMENT BETWEEN SELLER AND BUYER,
AT THE STATIONS LISTED ABOVE SHALL NOT EXCEED THE MDDO
QUANTITIES SET FORTH ABOVE FOR EACH STATION. ANY STATION
SPECIFIC MDDOS IN A SEPARATE FIRM SERVICE AGREEMENT
BETWEEN SELLER AND BUYER SHALL BE ADDITIVE TO THE
INDIVIDUAL STATION MDDOS SET FORTH ABOVE. THE MARKET AREA
IN WHICH EACH STATION IS LOCATED IS POSTED ON SELLER'S EBB
AND 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. 1993-09-05-0082
Appendix A to Service Agreement No. 38036
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) NATIONAL FUEL GAS DISTRIBUTION CORP
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