EXHIBIT 10.4(a)
Contract No. 123535
FIRM GAS TRANSPORTATION SERVICE AGREEMENT
THIS SERVICE AGREEMENT (Agreement), made and entered into as of this
1st day of May, 2003, by and between Public Service Company of Colorado
(Company), a Colorado corporation, having a mailing address of P.O. Box 840,
Denver, Colorado, 80202, and Atmos Energy Corporation (Shipper), a Texas
corporation, having a mailing address of 700 Three Lincoln Centre, 5430 LBJ
Freeway, P.O. Box 650205, Dallas, Texas 75265-0205. Company and Shipper are
collectively referred to as the "Parties."
THE PARTIES REPRESENT:
Shipper has by separate agreement acquired supplies of natural gas,
hereinafter referred to as "Shipper's Gas;"
Shipper has made the necessary arrangements and/or has entered into
separate agreements to cause Shipper's Gas to be delivered to Company's Receipt
Point(s) as specified in Exhibit(s) "A- 1" through "C-2;"
Shipper has requested and Company agrees to receive and transport
Shipper's Gas from the Receipt Point(s) to the Delivery Point(s), as specified
in Exhibit(s) "A-l" through "C-2," on a firm capacity basis and, if applicable,
to sell gas to Shipper on a firm supply reservation basis; and
Shipper assumes responsibility for the installation and maintenance
costs for a communication line necessary for electronic metering for the
facility(s) specified in Exhibit(s) "A-1," "B-1" and "C-1."
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Shipper acknowledges and agrees that gas transportation
service provided hereunder is subject to the terms and conditions of Company's
applicable gas transportation tariff as on file and in effect from time to time
with the Public Utilities Commission of the State of Colorado (Commission) and
such terms and conditions are incorporated herein as part of this Agreement.
2. Rates and Payment: Transportation service, Firm Capacity
service and Firm Supply Reservation service provided by Company under this
Service Agreement shall be paid for by Shipper at the charges under the standard
rate set forth in Company's gas transportation tariff unless otherwise specified
in Exhibit(s) "A-l" through "C-2." Applicable facility charges shall be paid at
the rate set forth in Company's Gas Transportation Tariff unless otherwise
specified in Exhibit(s) "A-l" through "C-2."
3. Back-up Supply Sales Service: In the event that adequate
supplies of Shipper's gas are not available for receipt by Company, Company
shall sell to Shipper sufficient quantity(s) of
natural gas as necessary to meet Shipper's backup natural gas supply needs, up
to the Total Peak Day Quantity for the Firm Supply Reservation Service (if any)
as specified in Exhibit(s) "A-l" through "C-2," but in no event greater at any
Delivery Point than the Firm Capacity Peak Day Quantity at such Delivery Point
as specified in Exhibit(s) "A-l" through "C-2," except as provided for in
paragraph 11 hereof. If Shipper does not purchase Firm Supply Reservation
Service or exceeds the Firm Supply Reservation Quantity, Shipper may nominate
and purchase from Company Back-up Supply Sales Service on an interruptible
basis, to the extent such Back-up Supply Sales Service is available, in the
event that adequate supplies of Shipper's Gas are not available for receipt by
Company. Applicable charges shall be as set forth in Company's tariff.
4. Quality: Gas delivered by the Shipper or for the Shipper's
account at the Receipt Point(s) as specified in Exhibit(s) "A-l" through "C-2"
shall conform to the specifications for gas as specified in Exhibit "D" and
Exhibit "E."
5. Term - Effective Date: Service hereunder shall commence
effective May 1, 2003 and, unless otherwise mutually agreed, shall continue
through April 30, 2005 and from year to year thereafter until terminated by
either party effective upon the expiration of the initial term or May 1 of any
succeeding year upon six (6) months written notice.
6. Notices: Except as otherwise provided, any notice or
information that either party may desire to give to the other regarding this
agreement shall be in writing to the following address, or to such other address
as either of the parties shall designate in writing.
COMPANY: SHIPPER:
Payments Only: Atmos Energy Corporation
Xcel Energy P.O. Box 650205
P.O. Box 9477 Dallas, Texas 75265-0205
Denver, Colorado 80217-0230 Invoices only:
Phone: (303)623-1234 Attn: Gas Purchase Accounting Dept.
Fax: (303)294-2136 Phone: (972)855-3296
Fax: (214)550-9369
Contracts and Notices:
Attn: Contract Administration
Phone: (972)855-3753
Fax: (972)855-3773
E-Mail Capacity Overrun Notification:
Attn: Phil Davis
Phillip.Davis@atmosenergy.com
All Others:
Xcel Energy All Others:
550 15th Street Atmos Energy Corporation
Suite 500 Attn: Gas Supply Dept
Denver, Colorado 80202 1301 Pennsylvania, Suite 800
Attn: Unit Manager, Gas Transportation Denver, Colorado 80203-5014
Phone: (303)294-8318 Phone: (303)831-5667
Fax: (303)294-2757 Fax: (303)831-9549
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Routine communications, including monthly statements and payments, shall be
considered as duly delivered or furnished three (3) days after being mailed or
when transmitted electronically.
7. Assignment - Consent: This Service Agreement shall not be
assigned by either party hereto without the prior written consent of the other
party. Consent for assignment of this Service Agreement shall not be
unreasonably withheld by or from either party.
8. Cancellation of Prior Agreement: This Service Agreement
supersedes, cancels and terminates, as of the date of this Service Agreement,
the following agreements and any amendments thereto:
Gas Transportation Service Agreement, dated 11/1/98 (Document No.
123535), between Greeley Gas Company, a division of Atmos Energy
Company and Public Service Company of Colorado
9. Maximum Capacity by Zone:
(a) Administrative circumstances require the separation of
electronically metered and non-electronically metered volumes into two separate
Exhibits covering the same regional area, as reflected in the attached Exhibit
"A-l" (Electronically Metered Front Range) and Exhibit "A-2"
(Non-Electronically Metered Front Range), Exhibit "B-l" (Electronically Metered
Southern) and Exhibit "B-2" (Non-Electronically Metered Southern(, and Exhibit
"C-l" (Electronically Metered Western) and Exhibit "C-2" (Non-Electronically
Metered Western). When electronic measurement facilities are installed and their
proper operation is mutually agreed to by both parties for any Delivery Point
identified on any Non-Electronically Metered Exhibit A-2, B-2 and C-2 attached
hereto, such Delivery Point, its associated Peak Day Quantity and allocable
Receipt Point Capacity shall be transferred to the applicable Electronically
Metered Exhibit effective the first day of the following month.
(b) Transporter shall make available firm transportation service
hereunder up to the maximum contracted volume by Zone reflected on Exhibits A-3,
B-3 and C-3 attached hereto. A Zone is an operationally contiguous segment of
Company's delivery system within an Exhibit area. A Zone may contain Delivery
Points from both Electronically and Non-Electronically Metered Exhibits, i.e.,
the Front Range Area Zones 1,2,3,4 and 5, comprised of Delivery Points under
Exhibits "A-l" and "A-2", the Southern Area Zones 1, 2 and 3, comprised of
Delivery Points under Exhibit "B-l" and "B-2", and the Western Area Zones 1, 2
and 3, comprised of Delivery Points under Exhibits "C-1" and "C-2". Exhibits
A-3, B-3 and C-3 attached hereto identify the Zones and associated Delivery
Point and Peak Day Quantities available to Shipper hereunder.
10. Delivery Point Peak Day Quantity:
(a) The Delivery Points reflected in the attached Exhibits "A-l"
through "C-2" are interconnections between Company's pipeline system and
Shipper's downstream natural gas facilities and the parties recognize the mutual
operational benefits of providing for flexibility in coordinating gas flows at
each of these Delivery Points. The Peak Day Quantities identified in the
attached Exhibits "A-l" through "C-2" represent Shipper's current and best
information of
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Delivery Point peaking volumes. Shipper and Company agree that the parties will
reevaluate these volumes on a periodic basis, but at least once annually, to
determine if and at what level any adjustments to the individual Delivery Point
Peak Day Quantities are needed. Company does not guarantee its ability to make
firm deliveries for quantities in excess of the individual Delivery Point Peak
Day Quantities identified on the above referenced Exhibits. Requests for
increased capacity shall be subject to the terms of Company's tariff.
(b) (i) On a monthly basis, Company will review the actual deliveries
made to these points and, provided the total volumes delivered within a Zone do
not exceed the total contracted-for volume applicable to the corresponding
Delivery Points within the Zone, Company will authorize any volume exceeding the
Delivery Point Peak Day Quantity as authorized overrun gas; provided, however,
in no event shall any volume at any Delivery Point ever exceed the design
capacity of Company's facilities for such point. Should delivered volumes at any
Delivery Point consistently exceed the Peak Day Quantity for that point, Shipper
will request and Company will accept, subject to available capacity, an increase
in the contracted-for Peak Day Quantity at the specified Delivery Point. In
increasing the contracted volume at a Delivery Point, Shipper may shift volumes
from other Delivery Point(s) within the same Zone if volumes delivered at such
other Delivery Point(s) do not exceed their established maximum Peak Day
Quantities. During quarterly meetings, Company and Shipper shall review Delivery
Points which have exceeded Peak Day Quantities and, if the Parties agree that
such overrun(s) are recurring or are expected to be recurring, Shipper shall
request an increase to the Delivery Point Peak Day Quantity.
(ii) If on any day total deliveries within a Zone exceed the combined
Peak Day Quantities of Delivery Points within the Zone, Company shall provide
Shipper with written notification of such overrun and, subject to available
capacity, the increase in Delivery Point Peak Day Quantity(s) that will be
implemented to increase the Zone combined Peak Day Quantities to the actual
maximum day usage. Within ten business days following such written notification,
Shipper may request and Company will authorize, subject to available capacity,
revision(s) in the Peak Day Quantity(s) for the Delivery Point(s) identified by
the Company in said notification in order that the combined Zone Peak Day
Quantity shall be equal to the maximum daily usage experienced for that Zone.
Unless otherwise agreed to by the parties, the new Peak Day Quantities shall
become effective the first day of the month following the month in which the
Zone overrun occurred. If Company, in its sole opinion, determines that
sufficient firm capacity is unavailable for any such requested increase, then
Company shall provide written notification to Shipper of the Company's denial of
Shipper's requested increase of firm capacity. Any unauthorized quantities in
excess of the maximum Zone capacity occurring after such written notification
shall be deemed unauthorized overrun gas, subject to unauthorized overrun
capacity charges as set forth in Company's tariff.
(c) If, pursuant to any applicable state law or administrative action,
order, or regulation Shipper restructures its gas utility services to provide
unbundled gas sales and transportation services to some or all of its customers,
and such restructuring results in Shipper holding Peak Day Quantities under this
Agreement in excess of that required to provide service to the markets served by
Shipper using the gas transportation service provided under this Agreement
subsequent to such restructuring ("Excess Capacity"), Shipper shall have the
right to reduce the Peak Day Quantities hereunder by the quantity of such Excess
Capacity to the extent Shipper is unable,
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through the use of its best efforts, to assign any of such Excess Capacity to
third parties or to acquire the necessary regulatory approvals to permit Shipper
to recover the costs of such Excess Capacity through its service rates or
charges. Any such reduction to the Peak Day Quantities hereunder shall become
effective upon the implementation date of Shipper's restructuring of services.
If Shipper elects to exercise its right to reduce Peak Day Quantities hereunder
pursuant to this subsection, Shipper shall provide Company at least ninety (90)
days prior written notice of such election.
11. Because daily usage information is unavailable until the
succeeding month for non-electronically metered Delivery Points, for all
Delivery Points listed on Exhibits "A-2," "B-2" and "C-2," Shipper will
nominate transportation volumes based on all infonnation Shipper deems
appropriate including but not limited to historic usage information and
projected load requirements utilizing anticipated weather conditions. Therefore,
imbalances accrued with respect to such non-electronically metered Delivery
Points are exempt from only the current-month balancing provisions of Company's
Tariff as they would apply to this Agreement, so long as there is no
determination by the Colorado Public Utilities Commission that such an exemption
is unlawful.
12. Exhibit(s) and Addendums: All exhibits attached hereto are
incorporated into the terms of this Agreement.
13. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have executed this Firm Gas
Transportation Service Agreement as of the day and year first above written.
COMPANY: SHIPPER:
PUBLIC SERVICE COMPANY ATMOS ENERGY CORPORATION
OF COLORADO
/s/ Cynthia A. Evans /s/ Gary Schlessman
- ----------------------------------- -------------------------------------
By Cynthia A. Evans By Gary Schlessman
Vice President President, Colorado-Kansas Division
Reviewed
Legal
Taxpayer ID. No. 84-0296600 Taxpayer I.D. No. 75-1743247
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Contract No.: 123535
Effective Date Of Agreement: 5/01/2003
Effective Date of Exhibit: 5/01/2003
EXHIBIT "A-l" ELECTRONICALLY METERED FRONT RANGE
TO THE FIRM TRANSPORTATION SERVICE AGREEMENT
BETWEEN
ATMOS ENERGY CORPORATION (Shipper)
AND
PUBLIC SERVICE COMPANY OF COLORADO (Company)
1. PRIMARY RECEIPT POINT(S)
Receipt Point Peak Day Quantity Dth/Day Utilization Curve
- -------------------------------------------------------------------------------------------------
Front Range Pipeline - Owl Creek 16,540 General
CIG Ault 9,893 General
CIG Ft. Lupton 14,949 General
2. FIRM CAPACITY SERVICE - DELIVERY POINT(S)
Firm
Capacity Service Transport-
Peak Day and ation
Quantity Facility Specific Commodity
Delivery Point(s) Load Point (Dth) Charge Facility Charge Charge Term of Rate
- -----------------------------------------------------------------------------------------------------------------------------
Platteville 906412745 609 TF N/A Standard 4/30/05
Monfort Meas Stat. 706412727 36 TF N/A Standard 4/30/05
Kersey Group 706412713 80 TF N/A Standard 4/30/05
Lasalle 406412719 702 TF N/A Standard 4/30/05
Ault #1 & #2 306412692 650 TF N/A Standard 4/30/05
North Greeley 106412730 10,300 TF N/A Standard 4/30/05
Promontory 770150163 693 TF N/A Standard 4/30/05
West Greeley 606412761 11,078 TF NA Standard 4/30/05
Lucerne #1 606412723 150 TF N/A Standard 4/30/05
South Greeley 106412754 10,100 TF N/A Standard 4/30/05
Eaton #1 & #2 206412763 3,800 TF N/A Standard 4/30/05
Total Firm Capacity Reservation Peak Day Quantity: 38,198 Dth
3. FIRM SUPPLY RESERVATION SERVICE
Total Firm Supply Reservation Quantity available for delivery to all of
Shipper's Delivery Points as may be nominated from time to time under contract
numbers 123535 and 177473: 3,005 Dth
Contract No.: 123535
Effective Date of Agreement: 5/01/2003
Effective Date of Exhibit: 5/01/2003
EXHIBIT "A-2" NON-ELECTRONICALLY METERED FRONT RANGE
TO THE FIRM TRANSPORTATION SERVICE AGREEMENT
BETWEEN
ATMOS ENERGY CORPORATION (Shipper)
AND
PUBLIC SERVICE COMPANY OF COLORADO (Company)
1. PRIMARY RECEIPT POINT(S)
Receipt Point Peak Day Quantity - Dth/Day Utilization Curve
- -------------------------------------------------------------------------------------------------
Front Range Pipeline-Owl Creek 3,460 General
CIG Ft Lupton 51 General
2. FIRM CAPACITY SERVICE - DELIVERY POINT(S)
Firm
Capacity Service Transport-
Peak Day and ation
Quantity Facility Specific Commodity
Delivery Point(s) Load Point (Dth) Charge Facility Charge Charge Term of Rate
- -----------------------------------------------------------------------------------------------------------------------------
Keenesburg 306412710 353 TF N/A Standard 4/30/2005
Gilcrest 506412766 321 TF N/A Standard 4/30/2005
Prospect Valley 306412748 31 TF N/A Standard 4/30/2005
South Gate Trailer 106412768 54 TF N/A Standard 4/30/2005
South Roggen 106412773 5 TF N/A Standard 4/30/2005
Roggen 706412751 39 TF N/A Standard 4/30/2005
Nunn 206412739 151 TF N/A Standard 4/30/2005
West LaSalle Group 506412771 34 TF N/A Standard 4/30/2005
Hill-N-Park 206412697 293 TF N/A Standard 4/30/2005
Corsey Group 906412694 57 TF N/A Standard 4/30/2005
Pierce 606412742 349 TF N/A Standard 4/30/2005
Greeley Farm Taps 980121701 1000 N/A N/A Standard 4/30/2005
West Hudson 306412705 299 TF N/A Standard 4/30/2005
Hudson 406412700 338 TF N/A Standard 4/30/2005
East Keenesburg 606412695 48 TF N/A Standard 4/30/2005
Kersey Farm Taps TBD 20 N/A N/A Standard 4/30/2005
Gilcrest Farm Taps TBD 80 N/A N/A Standard 4/30/2005
Ault Farm Taps TBD 300 N/A N/A Standard 4/30/2005
Hudson Farm Taps TBD 30 N/A N/A Standard 4/30/2005
Total Firm Capacity Reservation Peak Day Quantity: 3,802 Dth
Contract No.: 123535
Effective Date Of Agreement: 5/01/2003
Effective Date of Exhibit: 5/01/2003
EXHIBIT "A-3" - FRONT RANGE ZONES
TO THE FIRM TRANSPORTATION SERVICE AGREEMENT
BETWEEN
ATMOS ENERGY CORPORATION (Shipper)
AND
PUBLIC SERVICE COMPANY OF COLORADO (Company)
Firm Capacity
Peak Day
Zone Delivery Point(s) Load Point Quantity (Dth)
- ------------------------------------------------------------------------------
FR ZONE 1
Kersey Group 706412713 80
Kersey Farm Taps 20
TOTAL FR ZONE 1: 100
FR ZONE 2
West LaSalle Group 506412771 34
Lasalle 406412719 702
Platteville 906412745 609
Gilcrest 506412766 321
South Gate Trailer 106412768 54
Gilcrest Farm Taps 80
TOTAL FR ZONE 2: 1,800
FR ZONE 3
Monfort Meas Stat. 706412727 36
Hill-N-Park 206412697 293
North Greeley 106412730 10,300
West Greeley 606412761 11,078
South Greeley 106412754 10,100
Promontory 770150163 693
Greeley Farm Taps 980121701 1000
TOTAL FR ZONE 3: 33,500
Contract No.: 123535
Effective Date Of Agreement: 5/01/2003
Effective Date of Exhibit: 5/01/2003
EXHIBIT "A-3" - FRONT RANGE ZONES continued
Firm Capacity
Peak Day
Zone Delivery Point(s) Load Point Quantity (Dth)
- ----------------------------------------------------------------------------
FR ZONE 4
Lucerne #1 & #2 606412723 150
Eaton #1 & #2 206412763 3,800
Nunn 206412739 151
Ault #l & #2 306412692 650
Pierce 606412742 349
Ault Farm Taps 300
TOTAL FR ZONE 4: 5,400
FR ZONE 5
Prospect Valley 306412748 31
South Roggen 106412773 5
Roggen 706412751 39
Keenesburg 306412710 353
Corsey Group 906412694 57
West Hudson 306412705 299
Hudson 406412700 338
East Keenesburg 606412695 48
Hudson Farm Taps 30
TOTAL FR ZONE 5: 1,200
TOTAL FR ZONES 42,000
Contract No.: 123535
Effective Date of Agreement: 5/01/2003
Effective Date of Exhibit: 5/01/2003
EXHIBIT "B-l" ELECTRONICALLY METERED SOUTHERN
TO THE FIRM TRANSPORTATION SERVICE AGREEMENT
BETWEEN
ATMOS ENERGY CORPORATION (Shipper)
AND
PUBLIC SERVICE COMPANY OF COLORADO (Company)
1. PRIMARY RECEIPT POINT(S)
Receipt Point Peak Day Quantity - Dth/Day Utilization Curve
- -------------------------------------------------------------------------------------------------
Outlet of Tiffany Compressor Station 6,500 Stabilized
2. FIRM CAPACITY SERVICE - DELIVERY POINT(S)
Firm
Capacity Service Transport-
Peak Day and ation
Quantity Facility Specific Commodity
Delivery Point(s) Load Point (Dth) Charge Facility Charge Charge Term of Rate
- ----------------------------------------------------------------------------------------------------------------------------
Chalk Creek 206412678 86 TF N/A Standard 4/30/2005
West Gunnison
Town Border 906412707 596 TF N/A Standard 4/30/2005
East Gunnison
Town Border Station 306412687 2,338 TF N/A Standard 4/30/2005
Salida Town Border
Station 206412701 2,523 TF N/A Standard 4/30/2005
Crested Butte Town
Border Station 406412639 754 TF N/A Standard 4/30/2005
Poncha Springs 706412690 108 TF N/A Standard 4/30/2005
Total Firm Capacity Reservation Peak Day Quantity: 6,405 Dth
Contract No.: 123535
Effective Date Of Agreement: 5/01/2003
Effective Date of Exhibit: 5/01/2003
EXHIBIT "B-2" NON-ELECTRONICALLY METERED SOUTHERN
TO THE FIRM TRANSPORTATION SERVICE AGREEMENT
BETWEEN
ATMOS ENERGY CORPORATION (Shipper)
AND
PUBLIC SERVICE COMPANY OF COLORADO (Company)
1. PRIMARY RECEIPT POINT(S)
Receipt Point Peak Day Quantity - Dth/Day Utilization Curve
- -------------------------------------------------------------------------------------------------
Outlet of Tiffany Compressor Station 807 Stabilized
2. FIRM CAPACITY SERVICE - DELIVERY POINT(S)
Firm Capacity Service Transport-
Peak Day and ation
Quantity Facility Specific Commodity
Delivery Point(s) Load Point (Dth) Charge Facility Charge Charge Term of Rate
- ---------------------------------------------------------------------------------------------------------------------------
Durango Farm Tap 660156934 1 N/A NA Standard 4/30/2005
Gunnison Farm Tap 606412681 150 N/A NA Standard 4/30/2005
Tomichi Village 106412706 29 TF NA Standard 4/30/2005
Salida Farm Taps 270039611 231 N/A NA Standard 4/30/2005
Crested Butte Farm Taps 806412642 260 N/A NA Standard 4/30/2005
Crested Butte South 960022981 124 TF NA Standard 4/30/2005
Total Firm Capacity Reservation Peak Day Quantity: 795 Dth
Contract No.: 123535
Effective Date Of Agreement: 5/01/2003
Effective Date of Exhibit: 5/01/2003
EXHIBIT "B-3" SOUTHERN ZONES
TO THE FIRM TRANSPORTATION SERVICE AGREEMENT
BETWEEN
ATMOS ENERGY CORPORATION (Shipper)
AND
PUBLIC SERVICE COMPANY OF COLORADO (Company)
Firm Capacity
Peak Day
Zone Delivery Point(s) Load Point Quantity (Dth)
- -----------------------------------------------------------------------------------------------
SO. ZONE 1
Crested Butte Town Border Station 406412639 754
Crested Butte South 960022981 124
Crested Butte Farm Taps 806412642 260
TOTAL SO. ZONE 1 : 1,138
SO. ZONE 2
West Gunnison Town Border 906412707 596
East Gunnison Town Border Station 306412687 2,338
Gunnison Farm Tap 606412681 150
Tomichi Village 106412706 29
TOTAL SO. ZONE 2: 3,113
SO. ZONE 3
Salida Town Border Station 206412701 2,523
Salida Farm Taps 270039611 231
Chalk Creek 206412678 86
Poncha Springs 706412690 108
Durango Farm Tap 660156934 1
TOTAL SO. ZONE 3: 2,949
TOTAL SO. ZONES: 7,200
Contract No.: 123535
Effective Date Of Agreement: 5/01/2003
Effective Date of Exhibit: 5/01/2003
EXHIBIT "C-l" ELECTRONICALLY METERED WESTERN
TO THE FIRM TRANSPORTATION SERVICE AGREEMENT
BETWEEN
ATMOS ENERGY CORPORATION (Shipper)
AND
PUBLIC SERVICE COMPANY OF COLORADO (Company)
1. PRIMARY RECEIPT POINT(S)
Receipt Point Peak Day Quantity - Dth/Day Utilization Curve
- ----------------------------------------------------------------------
KNGWRD 680 General
MOFRRO 575 General
LONGCA 266 General
NF1GCA 1,770 General
NF1GHC 3,540 General
NF2GCA 3,540 General
ROSGCA 89 General
TERGCA 22 General
TWIGCA 66 General
CIG Ft Lupton General
2. FIRM CAPACITY SERVICE - DELIVERY POINT(S)
Firm Capacity Service Transport-
Peak Day and ation
Quantity Facility Specific Facility Commodity
Delivery Point(s) Load Point (Dth) Charge Charge Charge Term of Rate
- ----------------------------------------------------------------------------------------------------------------------------
Meeker 706413010 1,057 TF N/A Standard 4/30/2003
Yampa Valley 850040820 417 TF N/A Standard 4/30/2003
Steamboat II West 206412758 178 TF N/A Standard 4/30/2003
Steamboat TBS 306412772 1,231 TF N/A Standard 4/30/2003
Brooklyn Station 606412737 624 TF N/A Standard 4/30/2003
Craig 206412744 3,822 TF N/A Standard 4/30/2003
Hayden TBS 506412747 567 TF N/A Standard 4/30/2003
Mt. Werner #1 506412752 3,968 TF N/A Standard 4/30/2003
Total Firm Capacity Reservation Peak Day Quantity: 11,864 Dth
Contract No.: 123535
Effective Date Of Agreement: 5/01/2003
Effective Date of Exhibit: 5/01/2003
EXHIBIT "C-2" NON-ELECTRONICALLY METERED WESTERN
TO THE FIRM TRANSPORTATION SERVICE AGREEMENT
BETWEEN
ATMOS ENERGY CORPORATION (Shipper)
AND
PUBLIC SERVICE COMPANY OF COLORADO (Company)
1. PRIMARY RECEIPT POINT(S)
Receipt Point Peak Day Quantity - Dth/Day Utilization Curve
- -----------------------------------------------------------------------------------
KNGWRD 88 General
MOFRRO 75 General
LONGCA 34 General
NF1GCA 230 General
NF1GHC 460 General
NF2GCA 460 General
ROSGCA 11 General
TERGCA 3 General
TWIGCA 9 General
CIG Ft Lupton General
2. FIRM CAPACITY SERVICE - DELIVERY POINT(S)
Firm Capacity Service Transport-
Peak Day and ation
Quantity Facility Specific Facility Commodity
Delivery Point(s) Load Point (Dth) Charge Charge Charge Term of Rate
- -----------------------------------------------------------------------------------------------------------------------------
Milner Town Brder 106412749 63 TF N/A Standard 4/30/2005
Craig Farm Taps 570067947 143 N/A N/A Standard 4/30/2005
Meeker Farm Taps 906413009 42 N/A N/A Standard 4/30/2005
Thompson Hill 406412762 74 TF N/A Standard 4/30/2005
Steamboat Springs Farm
Taps 906412769 147 N/A N/A Standard 4/30/2005
Total Firm Capacity Reservation Peak Day Quantity: 469 Dth
Contract No.: 123535
Effective Date Of Agreement: 5/01/2003
Effective Date of Exhibit: 5/01/2003
EXHIBIT "C-3" WESTERN ZONES
TO THE FIRM TRANSPORTATION SERVICE AGREEMENT
BETWEEN
ATMOS ENERGY CORPORATION (Shipper)
AND
PUBLIC SERVICE COMPANY OF COLORADO (Company)
Firm Capacity
Peak Day
Zone Delivery Point(s) Load Point Quantity (Dth)
- --------------------------------------------------------------------------------
W. ZONE 1
Meeker 706413010 1,057
Meeker Farm Taps 906413009 42
TOTAL W. ZONE 1 1,099
W. ZONE 2
Craig 206412744 3,822
Craig Farm Taps 570067947 143
Hayden TBS 506412747 567
Thompson Hill 406412762 74
TOTAL W. ZONE 2 4,606
W. ZONE 3
Mt. Werner #1 506412752 3,968
Brooklyn Station 606412737 624
Milner Town Brder 106412749 63
Yampa Valley 850040820 417
Steamboat TBS 306412772 1,231
Steamboat II West 206412758 178
Steamboat Springs Farm Taps 906412769 147
TOTAL W. ZONE 3 6,628
TOTAL W ZONES: 12,333
Contract No.: 123535
Effective Date Of Agreement: 5/01/2003
Effective Date of Exhibit: 5/01/2003
EXHIBIT "D"
GAS UTILIZATION CURVES
Stabilized Utilization Curve
Public Service Company of Colorado
STABILIZED UTILIZATION CURVE
[GRAPH SHOWING STABILIZED UTILIZATION CURVE]
The Utilization Curve is a general representation of the natural gas quality
which is acceptable from a utilization standpoint. However, the gas composition
must be known in order to determine if a supply is acceptable and can be
interchanged with supplies in a pipeline system. PSCo reserves the right in all
instances to evaluate gas composition to determine system compatibility and to
refuse any gas which is unacceptable from a utilization basis.
Contract No.: 123535
Effective Date Of Agreement: 5/01/2003
Effective Date of Exhibit: 5/01/2003
EXHIBIT "E"
GAS UTILIZATION CURVES
General Utilization Curve
Public Service Company of Colorado
GENERAL UTILIZATION CURVE
[GRAPH SHOWING GENERAL UTILIZATION CURVE]
The Utilization Curve is a general representation of the natural gas quality
which is acceptable from a utilization standpoint. However, the gas composition
must be known in order to determine if a supply is acceptable and can be
interchanged with supplies in a pipeline system. PSCo reserves the right in all
instances to evaluate gas composition to determine system compatibility and to
refuse any gas which is unacceptable from a utilization basis.