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EXHIBIT 10.17
SERVICE AGREEMENT NO. 38137
CONTROL NO. 1993-10-02 - 0622
FTS SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of NOVEMBER, 1993, by and
between:
COLUMBIA GAS TRANSMISSION CORPORATION
("SELLER")
AND
MOUNTAINEER GAS CO
("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Commission (Commission), as the same may be amended or superseded in accordance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. 102 of Subpart B of the Commission's
regulations. Buyer warrants that service hereunder is being provided on behalf
of A LOCAL DISTRIBUTION COMPANY, MOUNTAINEER GAS CO.
Section 2. Term. Service under this Agreement shall commence as of NOVEMBER 0
1, 1993, and shall continue in full force and effect until OCTOBER 31, 1995,
and from YEAR-to-YEAR thereafter unless terminated by either party upon 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 the 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:
MOUNTAINEER GAS CO
414 SUMMERS ST.
CHARLESTON, WV 25301
ATTN: PAM RUCKMAN;
until changed by either party by written notice.
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FTS SERVICE AGREEMENT
Section 5. Superseded Agreements. This Service Agreement supersedes and
cancels, as of the effective date hereof, the following Service Agreements: FTS
37068
MOUNTAINEER GAS CO
By /s/ Richard Grant
------------------------------
Title President
------------------------------
COLUMBIA GAS TRANSMISSION CORPORATION
By /s/ S.M. Warnick
------------------------------
Title Vice President
------------------------------
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Revision No.
Control No. 1993-10-21 - 0622
Appendix A to Service Agreement No. 38137
Under Rate Schedule FTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) MOUNTAINEER GAS CO
Transportation Demand 3,500 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)
- --------------- ----------------------- --------------- ---- ------------------------- ---------------------------
1001 Direct Appalachian 6299251 3,500
- --------
1 The Alexander Aggregation Area was added to this agreement effective
12-01-93 by Revision #1. This revision was executed and returned to
Columbia by Mountaineer on 12-02-93.
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Revision No.
Control No. 1993-10-21 - 0622
Appendix A to Service Agreement No. 38137
Under Rate Schedule FTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) MOUNTAINEER GAS CO
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 charges pursuant to this Appendix A shall become effective as of
NOVEMBER 01, 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.
MOUNTAINEER GAS CO
By /s/ Richard Grant
----------------------------------
Its President
----------------------------------
Date 2/14/94
----------------------------------
COLUMBIA GAS TRANSMISSION CORPORATION
By /s/ S.M. Warnick
----------------------------------
Its Vice President
----------------------------------
Date 2/14/94
----------------------------------
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Appendix A to Service Agreement No. 38137
Under Rate Schedule FTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) MOUNTAINEER GAS CO
Primary Delivery Points
F
O
O
T
N
O Maximum Daily
Scheduling Scheduling Measuring T Measuring Delivery Obligation
Point No. Point Name Point No. E Point Name (Dth/Day)
- --------------- --------------------------------- -------------- ----- --------------------------- -------------------------
833572 S RIVER ENERGY-MOORE 833572 MOOREFIELD GATE 3,500
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Revision No. 1
Control No. 1993-10-21 - 0000
Appendix A to Service Agreement No. 38137
Under Rate Schedule FTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) MOUNTAINEER GAS CO
Transportation Demand 3,500 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)
- --------------- --------------------------- -------------- ---- ---------------------- ------------------------
A04 ALEXANDER AGG PT A04 3,500
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Revision No. 1
Control No. 1993-10-21 - 0000
Appendix A to Service Agreement No. 38137
Under Rate Schedule FTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) MOUNTAINEER GAS CO
Primary Delivery 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)
- --------------- --------------------------------- -------------- ----- ------------------------------------------------
833572 S RIVER ENERGY-MOORE 833572 MOOREFIELD GATE 3,500
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Revision No. 1
Control No. 1993-10-21 - 0000
Appendix A to Service Agreement No. 38137
Under Rate Schedule FTS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) MOUNTAINEER GAS CO
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 charges pursuant to this Appendix A shall become effective as of
DECEMBER 01, 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.
MOUNTAINEER GAS CO
By /s/ Richard Grant
-----------------------------------------
Its President
-----------------------------------------
Date 11/29/93
-----------------------------------------
COLUMBIA GAS TRANSMISSION CORPORATION
By [illegible]
-----------------------------------------
Its Vice President
-----------------------------------------
Date 12/08/93
-----------------------------------------