Exhibit 10-B-7
AMENDMENT TO SERVICE AGREEMENT UNDER RATE SCHEDULE ESS
THIS AMENDMENT is made and entered into effective as of the first day
of December, 1994 by and between PUBLIC SERVICE COMPANY OF NORTH CAROLINA,
hereinafter referred to as "Buyer," and TRANSCONTINENTAL GAS PIPE LINE
CORPORATION, hereinafter referred to as "Seller."
W I T N E S S E T H:
WHEREAS, Buyer and Seller entered into an Agreement under Seller's Rate
Schedule ESS effective as of November 1, 1993, (Agreement); and
WHEREAS, Buyer and Seller amended this Agreement on December 1,1993, in
order to provide for the increased capacity and deliverability attributable to
Phase I (as described in Seller's Eminence Expansion Application in Docket No.
CP90-2230-000) of Seller's Eminence Storage Field Expansion approved by the
Federal Energy Regulatory Commission (Commission) on April 18,1991, in Docket
No. CP90-2230-000, and the allocation of such increased deliverability in
accordance with the Commission's Order on October 4,1993, in Docket No. RS92-
86-004, et. al., (October 4 Order); and
WHEREAS, Buyer and Seller desire to further amend this Agreement to
provide for the increased capacity and deliverability attributable to Phase II
(as described in Seller's amended Eminence Expansion Application in Docket No.
CP90-2230-005) of Seller's Eminence Storage Field Expansion in order to comply
with the allocation authorized by the October 4 Order; and
WHEREAS, Buyer and Seller intend that the Agreement shall be further
amended effective as of the in-service date of Phase III (as described in
Seller's amended Eminence Expansion Application in Docket No. CP90-2230-005) of
Seller's Eminence Storage Field Expansion to provide for any applicable
revisions to the level of Storage Injection Quantity and Storage Demand Quantity
compared to Buyer's Storage Injection Quantity and Storage Demand Quantity as of
the effective date of Phase 11 in order to comply with the allocation authorized
by the October 4 Order.
NOW THEREFORE, in consideration of the premises and mutual covenants
hereinafter contained, the parties amend the Agreement as follows:
1. Article I is hereby deleted in its entirety effective December 1, 1994 and
the following Article I, substituted therefor for the period extending until the
in-service date of Phase Ill of Seller's Eminence Storage Field Expansion:
ARTICLE I
SERVICE TO BE RENDERED
1. Subject to the terms and provisions of this agreement and of Seller's Rate
Schedule ESS, Seller agrees to inject into storage for Buyer's account, store
and withdraw from storage, quantities of natural gas as follows:
To withdraw from storage up to a maximum quantity on any day of 57,031
Mcf, which quantity shall be Buyer's Storage Demand Quantity, or such
greater daily quantity, as applicable from time to time, pursuant to
the terms and conditions of Seller's Rate Schedule ESS.
To inject into storage a maximum quantity on any day of 3,802 Mcf,
which quantity shall be Buyer's Storage Injection Quantity, or such
greater daily quantity, as applicable from time to time, pursuant to
the terms and conditions of Seller's Rate Schedule ESS.
To receive and store up to a total quantity at any one time of 459,044
Mcf, which quantity shall be Buyer's Storage Capacity Quantity.
2. Article I is hereby deleted in its entirety effective upon the in- service
date of Phase 111 of Seller's Eminence Storage Field Expansion and the following
Article I substituted therefor:
1. Subject to the terms and provisions of this agreement and of
Seller's Rate Schedule ESS, Seller agrees to inject into storage for
Buyer's account, store and withdraw from storage, quantities of natural
gas as follows:
To withdraw from storage up to a maximum quantity on any day of 45,625
Mcf, which quantity shall be Buyer's Storage Demand Quantity, or such
greater daily quantity, as applicable from time to time, pursuant to
the terms and conditions of Seller's Rate Schedule ESS.
To inject into storage a minimum quantity on any day 3,042 of Mcf,
which quantity shall be Buyer's Storage Injection Quantity, or such
greater daily quantity, as applicable from time to time, pursuant to
the terms and conditions of Seller's Rate Schedule ESS.
To receive and store up to a total quantity at any one time of 459,044
Mcf, which quantity shall be Buyer's Storage Capacity Quantity.
Seller shall notify Buyer of the in-service date of Phase 111 at least thirty
(30) days Prior to such
4. Except as hereinabove amended, the Agreement shall remain in full force
and effect as written.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment.
TRANSCONTINENTAL GAS PIPE LINE CORPORATION
By /s/Frank J. Ferazzi
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Vice President
Customer Service
PUBLIC SERVICE COMPANY NORTH CAROLINA,INC.
By /s/Franklin H. Yoho
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Name Franklin H. Yoho
Title Sr. Vice President -
Marketing & Gas Supply