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EXHIBIT 10.19
Agreement No. 38077
Control No. 930905-0032
FSS 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 COMPANY ("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 the service in accordance with the provisions of the effective
FSS 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superseded in accordance with the rules and regulations of the Commission.
Seller shall store quantities of gas for Buyer up to but not exceeding Buyer's
Storage Contract Quantity as 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 months written notice to the other party 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 the charges and furnish the
Retainage percentage set forth in the above-referenced Rate Schedule and
specified in Seller's currently effective Tariff, 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 414 Summers St., Charleston, West Virginia 25301,
Attention: Karen M. Macon, until changed by either party by written notice.
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EXHIBIT 10.19
Agreement No. 38077
Control No. 930905-0032
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. 34628, 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. 36057, effective November 1 , 1989, as it may
have been amended, providing for a bundled sales, transportation and
storage service under the COS Rate Schedule.
WS Service Agreement No. 36058, effective November 1, 1989, as it may
have been amended, providing for a bundled storage and delivery service
under the WS Rate Schedule.
The terms of Service Agreement No. 38077 shall become effective as of the
effective date hereof, however, the parties agree that neither the execution
nor the performance of Service Agreement No. 38077 shall prejudice any
recoupment or other rights that Buyer may have under or with respect to the
above-referenced Service Agreements.
MOUNTAINEER GAS COMPANY COLUMBIA GAS TRANSMISSION
CORPORATION
By /s/ Richard Grant By /s/ S.M. Warnick
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Title President Title Vice President
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Revision No.
Control No. 1993-09-05 - 0032
Appendix A to Service Agreement No. 38077
Under Rate Schedule FSS
Between(Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and(Buyer)MOUNTAINEER GAS CO
Storage Contract Quantity 11,761,703 Dth
Maximum Daily Storage Quantity 231,893 Dth per day
CANCELLATION OF PREVIOUS APPENDIX A
Service changes pursuant to this Appendix A shall become effective as of
NOVEMBER 0 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.
MOUNTAINEER GAS CO
By /s/ Richard Grant
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Its President
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Date 2/14/94
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COLUMBIA GAS TRANSMISSION CORPORATION
By /s/ S.M. Warnick
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Its Vice President
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Date 2/14/94
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