EXHIBIT 10.4(d)
Contract No. 31044000A
GGC- 10474-CO
No-Notice Storage and Transportation Delivery Service Agreement
Rate Schedule NNT-1
between
COLORADO INTERSTATE GAS COMPANY
and
GREELEY GAS COMPANY
(A DIVISION OF ATMOS ENERGY CORPORATION)
Dated: OCTOBER 1, 2002
Contract No. 31044000A
NO-NOTICE STORAGE AND TRANSPORTATION DELIVERY SERVICE AGREEMENT
RATE SCHEDULE NNT-1
The Parties identified below, in consideration of their mutual
promises, agree as follows:
1. TRANSPORTER: COLORADO INTERSTATE GAS COMPANY
2. SHIPPER: GREELEY GAS COMPANY, (A DIVISION OF ATMOS ENERGY CORPORATION)
3. APPLICABLE TARIFF: Transporter's FERC Gas Tariff, First Revised Volume
No. 1, as the same may be amended or superseded from time to time ("the
Tariff").
4. CHANGES IN RATES AND TERMS: Transporter shall have the right to propose
to the FERC changes in its rates and terms of service, and this
Agreement shall be deemed to include any changes which are made
effective pursuant to FERC Order or regulation or provisions of law,
without prejudice to Shipper's right to protest the same.
5. TRANSPORTATION SERVICE: Transportation Service at and between Point of
Withdrawal and Primary Point(s) of Delivery shall be on a firm basis.
Delivery of quantities at Secondary Point(s) shall be in accordance
with the Tariff.
6. DELIVERY: Transporter agrees to transport and deliver Delivery
Quantities to Shipper (or for Shipper's account) at the Point(s) of
Delivery identified in the attached Exhibit "A." Minimum and Maximum
delivery pressures, as applicable, are listed on Exhibit "A."
7. RATES AND SURCHARGES: As set forth in Exhibit "B." For example,
Transporter and Shipper may agree that a specified discount rate will
apply: (a) only to certain specified firm service entitlements under
this Agreement; (b) only if specified quantity levels are actually
achieved under this Agreement (with higher rates, charges, and fees
applicable to all quantities above those levels, or to all quantities
under the Agreement if the specified levels are not achieved); (c) only
to production reserves committed by the Shipper; (d) only during
specified time periods; (e) only to specified Point(s) of Receipt,
Point(s) of Delivery, mainline area segments, supply areas,
Transportation routes, or defined geographical areas under the
associated Transportation Agreement; or (f) in a specified relationship
to the quantities actually Delivered (i.e., that the rates shall be
adjusted in a specified relationship to quantities actually Delivered);
provided, however, that any such discounted rates set forth above shall
be between the minimum and maximum rates applicable to the service
provided under this Agreement.
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 rates
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 that had been charged under a discount
agreement exceeded rates which ultimately are found to be just and
reasonable.
8. MAXIMUM DELIVERY QUANTITY (" MDQ"): 12,985 Dth per Day
MAXIMUM AVAILABLE CAPACITY ("MAC"): 422,142 Dth
MAXIMUM DAILY INJECTION QUANTITY ("MDIQ"): 4,151 Dth per Day
MAXIMUM DAILY WITHDRAWAL QUANTITY ("MDWQ"): 12,985 Dth per Day
All storage entitlements as stated herein ("MAC", "MDIQ", and "MDWQ")
are based on an Average Thermal Content of Gas in Storage of 1,000 Btu
per cubic foot. The Available Daily Injection Quantity ("ADIQ"),
Available Daily Withdrawal Quantity ("ADWQ"), and storage entitlements
shall be subject to the General Terms and Conditions of the Tariff and
stated on Transporter's Electronic Bulletin Board.
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Contract No. 31044000A
9. NEGOTIATED RATE AGREEMENT: NO
10. TERM OF AGREEMENT: Beginning: OCTOBER 1, 2002
Extending through: APRIL 30, 2005
11. NOTICES, STATEMENTS, AND BILLS:
TO SHIPPER:
INVOICES FOR TRANSPORTATION:
Greeley Gas Company, (a division of Atmos Energy Corporation)
160 Lincoln Centre Three
5430 LBJ Freeway
Dallas, Texas 75240
Attention: John Hack
ALL NOTICES:
Greeley Gas Company, (a division of Atmos Energy Corporation)
160 Lincoln Centre Three
5430 LBJ Freeway
Dallas, Texas 75240
Attention: John Hack
TO TRANSPORTER:
See Notices, Payments, Nominations, and Points of Contact
sheets in the Tariff.
12. SUPERSEDES AND CANCELS PRIOR AGREEMENT: When this Agreement becomes
effective, it shall supersede and cancel the following agreement
between the Parties: The No-Notice Storage and Transportation Delivery
Service Agreement between Transporter and Shipper dated October 1,
2001, referred to as Transporter's Agreement No. 31044000.
13. ADJUSTMENTS TO RATE SCHEDULE NNT-1 AND/OR GENERAL TERMS AND CONDITIONS:
N/A.
14. INCORPORATION BY REFERENCE: This Agreement in all respects shall be
subject to the provisions of Rate Schedule NNT-1 and to the applicable
provisions of the General Terms and Conditions of the Tariff as filed
with, and made effective by, the FERC as same may change from time to
time (and as they may be amended pursuant to Section 12 of the
Agreement).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
TRANSPORTER: SHIPPER:
COLORADO INTERSTATE GAS COMPANY GREELEY GAS COMPANY, (a division of
Atmos Energy Corporation
By: /s/ Thomas L. Price By: /s/ Robert E. Mattingly
------------------------ -------------------------------
Thomas L. Price Name: ROBERT E. MATTINGLY
Vice President Title: VICE PRESIDENT
[STAMP OF LEGAL DEBT] Accepted and agreed to this
18th day of November, 2002.
Accepted and agreed to this
6th day of November, 2002.
2
Contract No. 31044000A
EXHIBIT "A"
No-Notice Storage and Transportation Delivery Service Agreement
between
COLORADO INTERSTATE GAS COMPANY
and
GREELEY GAS COMPANY,
(A DIVISION OF ATMOS ENERGY CORPORATION)
dated: OCTOBER 1,2002
1. Shipper's Maximum Delivery Quantity ("MDQ"): 12,985 Dth per Day.
2. Shipper's Maximum Available Capacity ("MAC"): 422,142 Dth.
3. Shipper's Maximum Daily Injection Quantity ("MDIQ"): 4,151 Dth per Day.
4. Shipper's Maximum Daily Withdrawal Quantity ("MDWQ"): 12,985 Dth per Day.
Primary Point(s) of
Primary Point(s) of Delivery Delivery Quantity Minimum Delivery Maximum Delivery
(Dth per Day) (Note 1) Pressure (p.s.i.g.) Pressure (p.s.i.g.)
- -------------------------------------------------------------------------------------------------------------------------------
CANON CITY GROUP
Canon City 7,799 (Note 2)
Colorado State Penitentiary 552 100
Engineer's Station 476+78 10 LP
Florence City Gate 1,823 60
Fremont County Industrial Park 16 LP
Penrose City Gate 248 60
Penrose PBS-2 238 LP
Portland City Gate 65 100
Pritchett City Gate 65 150
------
TOTAL CANON CITY GROUP 10,816
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A-1
Contract No. 31044000A
EXHIBIT "A"
Primary Point(s) of
Delivery Quantity Minimum Delivery Maximum Delivery
Primary Point(s) of Delivery (Dth per Day) (Note 1) Pressure (p.s.i.g.) Pressure (p.s.i.g.)
- -------------------------------------------------------------------------------------------------------------------
McCLAVE GROUP
McClave Delivery 650 500
Brandon Station 52 350
Eads City Gate 382 60
Highline Taps:
Nepolan (Bent County) 8 LP
Penrose (Fremont County) 20 LP
Piggery (Fremont County) 7 LP
L.J Stafford (Baca County) 7 LP
------
TOTAL McCLAVE GROUP 1,126
------
SPRINGFIELD 2,993 LP
------
TOTAL 14,935
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NOTES:
(1) The sum of the Delivery Quantities at Point(s) of Delivery shall not be
greater than Shipper's MDQ.
(2) Line Pressure but not less than 100 p.s.i.g.
A-2
Contract No. 31044000A
EXHIBIT "B"
No-Notice Storage and Transportation Delivery Service Agreement
between
COLORADO INTERSTATE GAS COMPANY
and
GREELEY GAS COMPANY,
(a division of Atmos Energy Corporation)
Dated: OCTOBER 1, 2002
Commodity
Injection Rate Fuel Reimbursement Surcharges
- -------------------------------------------------------------------------------------------------------
Storage Injection................. (Note 1) (Note 2) (Note 3)
- ------------------------------------------------------------------------------------------------------
R1 Reservation Commodity
Primary Point(s) of Delivery Rate Delivery Rate Term of Rate Surcharges
- ---------------------------------------------------------------------------------------------------------------------
As listed on Exhibit "A" (Note 1) (Note 1) Through 4/30/05 (Note 3)
- -------------------------------------------------------------------------------------------------------------------
NOTES:
(1) Unless otherwise agreed by the Parties in writing, the rates for
service hereunder shall be Transporter's maximum rates for service
under Rate Schedule NNT-1 or other superseding Rate Schedule, as such
rates may be changed from time to time.
(2) Fuel Reimbursement shall be as stated on Transporter's Schedule of
Surcharges and Fees in the Tariff, as they may be changed from time to
time, unless otherwise agreed between the Parties.
(3) Applicable Surcharges:
All applicable surcharges, unless otherwise specified, shall be the
maximum surcharge rate as stated in the Schedule of Surcharges and Fees
in the Tariff, as such surcharges may be changed from time to time.
GAS QUALITY CONTROL SURCHARGE:
The Gas Quality Control Reservation Rate and commodity rate shall be
assessed pursuant to Article 20 of the General Terms and Conditions as
set forth in the Tariff.
GRI:
The GRI Surcharge shall be assessed pursuant to Article 18 of the
General Terms and Conditions as set forth in the Tariff.
ORDER NO. 636 TRANSITION COST MECHANISM:
Surcharge(s) shall be assessed pursuant to Article 21 of the General
Terms and Conditions as set forth in the Tariff.
ACA:
The ACA Surcharge shall be assessed pursuant to Article 19 of the
General Terms and Conditions as set forth in the Tariff.