SERVICE AGREEMENT NO. 79616
CONTROL NO. 2004-05-26-0009
SST SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of August, 2004 by and
between:
Columbia Gas Transmission Corporation
("Transporter")
AND
PG Energy Inc
("Shipper")
WITNESSETH: That in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
Section 1. Service to be Rendered. Transporter shall perform and Shipper shall
receive service in accordance with the provisions of the effective SST Rate
Schedule and applicable General Terms and Conditions of Transporter'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Regulatory Commission (Commission), as the same may be amended or superseded in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 Transporter to deliver gas hereunder to or for Shipper, the
designation of the points of delivery at which Transporter shall deliver or
cause gas to be delivered to or for Shipper, and the points of receipt at which
Shipper 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 Shipper and
Transporter, 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. Shipper warrants that service
hereunder is being provided on behalf of Shipper.
Section 2. Term. Service under this Agreement shall commence as of April 1,
2005, and shall continue in full force and effect until March 31, 2010.
Pre-granted abandonment shall apply upon termination of this Agreement, subject
to any right of first refusal Shipper may have under the Commission's
regulations and Transporter's Tariff.
Section 3. Rates. Shipper shall pay Transporter 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. Transporter may agree to discount its rate to Shipper below
Transporter's maximum rate, but not less than Transporter's minimum rate. Such
discounted rate may apply to: a) specified quantities (contract demand or
commodity quantities); b) specified quantities above or below a certain level or
all quantities if quantities exceed a certain level; c) quantities during
specified time periods; d) quantities at specified points, locations, or other
defined geographical areas; and e) that a specified discounted rate will apply
in a specified relationship to the quantities actually transported (i.e., that
the reservation charge will be adjusted in a specified relationship to
quantities actually transported). In addition, the discount agreement may
include a provision that if one rate component which was at or below the
applicable maximum rate at the time the discount agreement was executed
subsequently exceeds the applicable maximum rate due to a change in
Transporter's maximum rate so that such rate component must be adjusted downward
to equal the new applicable maximum rate, then other rate components may be
adjusted upward to achieve the agreed overall rate, so long as none of the
resulting rate components exceed the maximum rate applicable to that rate
component. Such changes to rate components shall be applied prospectively,
commencing with the date a Commission order accepts revised tariff sheets.
However, nothing contained herein shall be construed to alter a refund
obligation under applicable law for any period during which rates had been
charged under a discount agreement exceeded rates which ultimately are found to
be just and reasonable.
SERVICE AGREEMENT NO. 79616
CONTROL NO. 2004-05-26-0009
SST SERVICE AGREEMENT
Section 4. Notices. Notices to Transporter under this Agreement shall be
addressed to it at Post Office Box 1273, Charleston, West Virginia 25325-1273,
Attention: Manager-Customer Services and notices to Shipper shall be addressed
to it at:
PG Energy Inc
Director Of Gas Supply
One PEI Center
Wilkes-Barre,. PA 18711-0601
ATTN: Bill Eckert
until changed by either party by written notice.
SERVICE AGREEMENT NO. 79616
CONTROL NO. 2004-05-26-0009
SST SERVICE AGREEMENT
Section 5. Superseded Agreements. This Service Agreement supersedes and cancels,
as of the effective date hereof, the Following Service Agreements: N/A.
PG Energy Inc
By: /s/ Bruce Davis
---------------------------------
Name: Bruce Davis
Title: Vice-President of Marketing &
Gas Supply
Date: August 5, 2004
Columbia Gas Transmission Corporation
By: /s/ T. N. Brasselle
---------------------------------
Name: T. N. Brasselle
Title: MGR Customer Services
Date: AUG 17 2004
REVISION NO. ______________
CONTROL NO. 2004-05-26-0009
APPENDIX A TO SERVICE AGREEMENT NO. 79616
UNDER RATE SCHEDULE SST
BETWEEN (TRANSPORTER) COLUMBIA GAS TRANSMISSION CORPORATION
AND (SHIPPER) PG ENERGY INC
OCTOBER THROUGH MARCH TRANSPORTATION DEMAND. 11,282 DTH/DAY
APRIL THROUGH SEPTEMBER TRANSPORTATION DEMAND 5,641 DTH/DAY
PRIMARY RECEIPT POINTS
SCHEDULING
POINT NO. SCHEDULING POINT NAME MAXIMUM DAILY QUANTITY (DTH/DAY)
- --------- --------------------- --------------------------------
STOW STORAGE WITHDRAWALS STOW 11,282
REVISION NO. ______________
CONTROL NO. 2004-05-26-0009
APPENDIX A TO SERVICE AGREEMENT NO. 79616
UNDER RATE SCHEDULE SST
BETWEEN (TRANSPORTER) COLUMBIA GAS TRANSMISSION CORPORATION
AND (SHIPPER) PG ENERGY INC
Primary Delivery Points
Maximum Minimum
Daily Design Delivery
Delivery Daily Aggregate Pressure Hourly
Scheduling Scheduling Measuring Measuring Obligation Quantity Daily Obligation Flowrate
Point No. Point Name Point No. Point Name (Dth/day) (1/) (Dth/day) (1/) Quantity (1/) (psig) (1/) (Dth/hour) (1/)
- ---------- ------------ --------- ------------- -------------- -------------- ------------- ----------- ---------------
E5 MARTINS E5 13,769 FN01
CK3/DELIVERY
E9 YNG WOMANS E9 13,769 FN01
CK-RENOVA
57 PA GAS WTR 600039 RENOVO P.G.W. 7,000 FN01
OP-08
REVISION NO. ______________
CONTROL NO. 2004-05-26-0009
APPENDIX A TO SERVICE AGREEMENT NO. 79616
UNDER RATE SCHEDULE SST
BETWEEN (TRANSPORTER) COLUMBIA GAS TRANSMISSION CORPORATION
AND (SHIPPER) PG ENERGY INC
(1/) Application of MDDOs, DDQs, and ADQs and/or minimum pressure
and/or hourly flowrate shall be as follows:
FN01 Shipper's MDDOs in the winter period, that is, from November 1 through
March 31 of each year, shall be 13,769 Dth/day at Martin's Creek [E5] and 0
(zero) Dth/day at Young Woman's Creek [E9]. Shipper's MDDOs in the summer
period, that is, from April 1 through October 31 of each year shall be 0
(zero) Dth/day at Martin's Creek [E5} and 13,769 Dth/day at Young Woman's
Creek [E9]. As long as Rate Schedule X-103 dated October 10, 1980 between
Columbia Gas Transmission Corporation and Transcontinental Pipe Line
Corporation ("Transco") is in effect. Transporter may schedule, utilizing
the X-103 Rate Schedule, a corresponding amount of natural gas for delivery
to Transco's delivery points at Muncy, Old Lycoming and Saylor Temp Meter.
Upon termination of Rate Schedule X-103, Transporter will make deliveries
for Shipper at Martin's Creek [E5] or Young Woman's Creek [E9] as set forth
above, and Shipper will be responsible for arranging downstream
transportation on Transco for further downstream deliveries.
In addition, Shipper shall have an additional year round MDDO of 7,000
Dth/day at scheduling point [57] Renova.
The following notes apply to all scheduling points on this contract:
GFN1 UNLESS STATION SPECIFIC MDDOS ARE SPECIFIED IN A SEPARATE FIRM SERVICE
AGREEMENT BETWEEN SELLER AND BUYER, SELLERS 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.
REVISION NO. ______________
CONTROL NO. 2004-05-26-0009
APPENDIX A TO SERVICE AGREEMENT NO. 79616
UNDER RATE SCHEDULE SST
BETWEEN (TRANSPORTER) COLUMBIA GAS TRANSMISSION CORPORATION
AND (SHIPPER) PG ENERGY INC
The Master list of Interconnects (MLI) as defined in Section 1 of the General
Terms and Conditions of Transporter's Tariff is incorporated herein by reference
for purposes of listing valid secondary receipt and delivery points.
Yes X No (Check applicable blank) Transporter and Shipper have
- ----- -----
mutually agreed to a Regulatory Restructuring Reduction Option pursuant to
Section 42 of the General Terms and Conditions of Transporter's FERC Gas Tariff.
Yes X No (Check applicable blank) Shipper has a contractual right of
- ----- -----
first refusal equivalent to the right of first refusal set forth from time to
time in Section 4 of the General Terms and Conditions of Transporter's FERC Gas
Tariff.
NOTE: SHIPPER CONTINUES TO HAVE A REGULATORY RIGHT OF FIRST REFUSAL.
Service pursuant to this Appendix A, Revision No. 0 shall be affective April 1,
2005 through March 31, 2010.
Yes X No (Check applicable blank) This Appendix A, Revision No. 0
- ----- -----
shall cancel and supersede the Previous Appendix A, Revision No.
_________________________ effective as of _______, 20__, to the Service
Agreement referenced above.
X Yes No (Check applicable blank) All Gas shall be delivered at
- ----- -----
existing points of Interconnection within the MDDO's, and/or ADQ's, and/or
DDQ's, as applicable, set forth in Transporter's currently effective Rate
Schedule SST Appendix A, Revision No. 0 with Shipper, which for such points set
forth are incorporated herein by reference.
With the exception of this Appendix A, Revision No. 0 all other terms and
conditions of said Service Agreement shall remain in full force and effect.
PG Energy Inc
By: /s/ Bruce Davis
---------------------------------
Name: Bruce Davis
Title: Vice-President of Marketing &
Gas Supply
Date: August 5, 2004
Columbia Gas Transmission Corporation
By: /s/ T. N. Brasselle
---------------------------------
Name: T. N. Brasselle
Title: MGR Customer Services
Date: AUG 17 2004
REVISION NO. 10
CONTROL NO. 2004-03-16-0002
APPENDIX A TO SERVICE AGREEMENT NO. 38047
UNDER RATE SCHEDULE SST
BETWEEN (TRANSPORTER) COLUMBIA GAS TRANSMISSION CORPORATION
AND (SHIPPER) PG ENERGY INC
The Master list of Interconnects (MLI) as defined in Section 1 of the General
Terms and Conditions of Transporter's Tariff is incorporated herein by reference
for purposes of listing valid secondary receipt and delivery points.
Yes X No (Check applicable blank) Transporter and Shipper have
- ----- -----
mutually agreed to a Regulatory Restructuring Reduction Option pursuant to
Section 42 of the General Terms and Conditions of Transporter's FERC Gas Tariff.
Yes X No (Check applicable blank) Shipper has a contractual right of
- ----- -----
first refusal equivalent to the right of first refusal set forth from time to
time in Section 4 of the General Terms and Conditions of Transporter's FERC Gas
Tariff.
NOTE: SHIPPER CONTINUES TO HAVE A REGULATORY RIGHT OF FIRST REFUSAL.
Service pursuant to this Appendix A, Revision No. 10 shall be effective November
1, 2004 through March 31, 2005.
X Yes No (Check applicable blank) This Appendix A, Revision No. 10
- ----- -----
shall cancel and supersede the Previous Appendix A, Revision No. 9 effective as
of October 1, 2001, to the Service Agreement referenced above.
X Yes No (Check applicable blank) All Gas shall be delivered at
- ----- -----
existing points of interconnection within the MDDO's, and/or ADQ's, and/or
DDQ's, as applicable, set forth in Transporter's currently effective Rate
Schedule SST Appendix A, Revision No. 10 with Shipper, which for such points set
forth are incorporated herein by reference.
With the exception of this Appendix A, Revision No. 10 all other terms and
conditions of said Service Agreement shall remain in full force and effect.
PG Energy Inc
By: /s/ Bruce Davis
---------------------------------
Name: Bruce Davis
Title: Vice-President of Marketing &
Gas Supply
Date: August 5, 2004
Columbia Gas Transmission Corporation
By: /s/ T. N. Brasselle
---------------------------------
Name: T. N. Brasselle
Title: MGR Customer Services
Date: AUG 17 2004