SERVICE PACKAGE NO. 10781
AMENDMENT NO. 0
GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
THIS AGREEMENT is made and entered into as of the 1st day of June, 1995,
by and between TENNESSEE GAS PIPELINE COMPANY, a Delaware Corporation,
hereinafter referred to as "Transporter" and CONNECTICUT NATURAL GAS
CORP, a CONNECTICUT Corporation, hereinafter referred to as "Shipper."
Transporter and Shipper shall collectively be referred to herein as the
"Parties."
ARTICLE I
DEFINITIONS
1.1 TRANSPORTATION QUANTITY (TQ) - shall mean the maximum daily
quantity of gas which Transporter agrees to receive and transport
on a firm basis, subject to Article II herein, for the account of
Shipper hereunder on each day during each year during the term
hereof, which shall be 13,884 dekatherms. Any limitations of the
quantities to be received from each Point of Receipt and/or
delivered to each Point of Delivery shall be as specified on
Exhibit "A" attached hereto.
1.2 EQUIVALENT QUANTITY - shall be as defined in Article I of the
General Terms and Conditions of Transporter's FERC Gas Tariff.
ARTICLE II
TRANSPORTATION
Transportation Service - Transporter agrees to accept and receive daily
on a firm basis, at the Point(s) of Receipt from Shipper or for
Shipper's account such quantity of gas as Shipper makes available up to
the Transportation Quantity, and to deliver to or for the account of
Shipper to the Point(s) of Delivery an Equivalent Quantity of gas.
ARTICLE III
POINT(S) OF RECEIPT AND DELIVERY
The Primary Point(s) of Receipt and Delivery shall be those points
specified on Exhibit "A" attached hereto.
ARTICLE IV
All facilities are in place to render the service provided for in this
SERVICE PACKAGE NO. 10781
AMENDMENT NO. 0
GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
Agreement.
ARTICLE V
QUALITY SPECIFICATIONS AND STANDARDS FOR MEASUREMENT
For all gas received, transported and delivered hereunder the Parties
agree to the Quality Specifications and Standards for Measurement as
specified in the General Terms and Conditions of Transporter's FERC Gas
Tariff Volume No. 1. To the extent that no new measurement facilities
are installed to provide service hereunder, measurement operations will
continue in the manner in which they have previously been handled. In
the event that such facilities are not operated by Transporter or a
downstream pipeline, then responsibility for operations shall be deemed
to be Shipper's.
ARTICLE VI
RATES AND CHARGES FOR GAS TRANSPORTATION
6.1 TRANSPORTATION RATES - Commencing upon the effective date hereof,
the rates, charges, and surcharges to be paid by Shipper to
Transporter for the transportation service provided herein shall
be in accordance with Transporter's Rate Schedule FT-A and the
General Terms and Conditions of Transporter's FERC Gas Tariff.
6.2 INCIDENTAL CHARGES - Shipper agrees to reimburse Transporter for
any filing or similar fees, which have not been previously paid
for by Shipper, which Transporter incurs in rendering service
hereunder.
6.3 CHANGES IN RATES AND CHARGES - Shipper agrees that Transporter
shall have the unilateral right to file with the appropriate
regulatory authority and make effective changes in (a) the rates
and charges applicable to service pursuant to Transporter's Rate
Schedule FT-A, (b) the rate schedule(s) pursuant to which service
hereunder is rendered, or (c) any provision of the General Terms
and Conditions applicable to those rate schedules. Transporter
agrees that Shipper may protest or contest the aforementioned
filings, or may seek authorization from duly constituted
regulatory authorities for such adjustment of Transporter's
existing FERC Gas Tariff as may be found necessary to assure
Transporter just and reasonable rates.
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SERVICE PACKAGE NO. 10781
AMENDMENT NO. 0
GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
ARTICLE VII
BILLINGS AND PAYMENTS
Transporter shall bill and Shipper shall pay all rates and charges in
accordance with Articles V and VI, respectively, of the General Terms
and Conditions of the FERC Gas Tariff.
ARTICLE VIII
GENERAL TERMS AND CONDITIONS
This Agreement shall be subject to the effective provisions of
Transporter's Rate Schedule FT-A and to the General Terms and Conditions
incorporated therein, as the same may be changed or superseded from time
to time in accordance with the rules and regulations of the FERC.
ARTICLE IX
REGULATION
9.1 This Agreement shall be subject to all applicable and lawful
governmental statutes, orders, rules and regulations and is
contingent upon the receipt and continuation of all necessary
regulatory approvals or authorizations upon terms acceptable to
Transporter. This Agreement shall be void and of no force and
effect if any necessary regulatory approval is not so obtained or
continued. All Parties hereto shall cooperate to obtain or
continue all necessary approvals or authorizations, but no Party
shall be liable to any other Party for failure to obtain or
continue such approvals or authorizations.
9.2 The transportation service described herein shall be provided
subject to Subpart G, Part 284, of the FERC Regulations.
ARTICLE X
RESPONSIBILITY DURING TRANSPORTATION
Except as herein specified, the responsibility for gas during
transportation shall be as stated in the General Terms and Conditions of
Transporter's FERC Gas Tariff Volume No. 1.
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SERVICE PACKAGE NO. 10781
AMENDMENT NO. 0
GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
ARTICLE XI
WARRANTIES
11.1 In addition to the warranties set forth in Article IX of the
General Terms and Conditions of Transporter's FERC Gas Tariff,
Shipper warrants the following:
(a) Shipper warrants that all upstream and downstream
transportation arrangements are in place, or will be in place
as of the requested effective date of service, and that it
has advised the upstream and downstream transporters of the
receipt and delivery points under this Agreement and any
quantity limitations for each point as specified on Exhibit
"A" attached hereto. Shipper agrees to indemnify and hold
Transporter harmless for refusal to transport gas hereunder
in the event any upstream or downstream transporter fails to
receive or deliver gas as contemplated by this Agreement.
(b) Shipper agrees to indemnify and hold Transporter harmless
from all suits, actions, debts, accounts, damages, costs,
losses and expenses (including reasonable attorneys fees)
arising from or out of breach of any warranty by Shipper
herein.
11.2 Transporter shall not be obligated to provide or continue service
hereunder in the event of any breach of warranty.
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SERVICE PACKAGE NO. 10781
AMENDMENT NO. 0
GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
ARTICLE XII
TERM
12.1 This Agreement shall be effective as of the 1st day of June,
1995, and shall remain in force and effect until the 31st day of
May, 2002,("Primary Term") and on a month to month basis
thereafter unless terminated by either Party upon at least thirty
(30) days prior written notice to the other Party; provided,
however, that if the Primary Term is one year or more, then
unless Shipper elects upon one year's prior written notice to
Transporter to request a lesser extension term, the Agreement
shall automatically extend upon the expiration of the Primary
Term for a term of five years and shall automatically extend for
successive five year terms thereafter unless Shipper provides
notice described above in advance of the expiration of a
succeeding term; provided further, if the FERC or other
governmental body having jurisdiction over the service rendered
pursuant to this Agreement authorizes abandonment of such
service, this Agreement shall terminate on the abandonment date
permitted by the FERC or such other governmental body.
12.2 Any portions of this Agreement necessary to resolve or cash out
imbalances under this Agreement as required by the General Terms
and Conditions of Transporter's Tariff, shall survive the other
parts of this Agreement until such time as such balancing has
been accomplished; provided, however, that Transporter notifies
Shipper of such imbalance not later than twelve months after the
termination of this Agreement.
12.3 This Agreement will terminate automatically upon written notice
from Transporter in the event Shipper fails to pay all of the
amount of any bill for service rendered by Transporter hereunder
in accord with the terms and conditions of Article VI of the
General Terms and Conditions of Transporter's FERC Gas Tariff.
ARTICLE XIII
NOTICE
Except as otherwise provided in the General Terms and Conditions
applicable to this Agreement, any notice under this Agreement shall be
in writing and mailed to the post office address of the Party intended
to receive the same, as follows:
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SERVICE PACKAGE NO. 10781
AMENDMENT NO. 0
GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
TRANSPORTER: TENNESSEE GAS PIPELINE COMPANY
P.O. Box 2511
Houston, Texas 77252-2511
Attention: Director, Transportation Control
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SERVICE PACKAGE NO. 10781
AMENDMENT NO. 0
GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
SHIPPER:
NOTICES: CONNECTICUT NATURAL GAS CORP
100 COLUMBUS BLVD
HARTFORD, CT 06144
Attention: JOHN P. RUDIAK
BILLING: CONNECTICUT NATURAL GAS CORP
100 COLUMBUS BLVD
HARTFORD, CT 06144
Attention: JULIA A. SCHIAVI
or to such other address as either Party shall designate by formal
written notice to the other.
ARTICLE XIV
ASSIGNMENTS
14.1 Either Party may assign or pledge this Agreement and all rights
and obligations hereunder under the provisions of any mortgage,
deed of trust, indenture, or other instrument which it has
executed or may execute hereafter as security for indebtedness.
Either Party may, without relieving itself of its obligation
under this Agreement, assign any of its rights hereunder to a
company with which it is affiliated. Otherwise, Shipper shall
not assign this Agreement or any of its rights hereunder, except
in accord with Article III, Section 11 of the General Terms and
Conditions of Transporter's FERC Gas Tariff.
14.2 Any person which shall succeed by purchase, merger, or
consolidation to the properties, substantially as an entirety, of
either Party hereto shall be entitled to the rights and shall be
subject to the obligations of its predecessor in interest under
this Agreement.
ARTICLE XV
MISCELLANEOUS
15.1 THE INTERPRETATION AND PERFORMANCE OF THIS CONTRACT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TEXAS,
WITHOUT REGARD TO THE DOCTRINES GOVERNING CHOICE OF LAW.
15.2 If any provision of this Agreement is declared null and void, or
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SERVICE PACKAGE NO. 10781
AMENDMENT NO. 0
GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
voidable, by a court of competent jurisdiction, then that
provision will be considered severable at either Party's option;
and if the severability option is exercised, the remaining
provisions of the Agreement shall remain in full force and
effect.
15.3 Unless otherwise expressly provided in this Agreement or
Transporter's Gas Tariff, no modification of or supplement to the
terms and provisions stated in this agreement shall be or become
effective until Shipper has submitted a request for change
through the Electronic Bulletin Board and Shipper has been
notified through the Electronic Bulletin Board of Transporter's
agreement to such change.
15.4 Exhibit "A" attached hereto is incorporated herein by reference
and made a part hereof for all purposes.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
duly executed as of the date first hereinabove written.
TENNESSEE GAS PIPELINE COMPANY
BY:____________________________
Agent and Attorney-in-Fact
DATE:__________________________
CONNECTICUT NATURAL GAS CORP
BY:____________________________
TITLE: ________________________
DATE: _________________________
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GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
EXHIBIT "A"
AMENDMENT #0 TO GAS TRANSPORTATION AGREEMENT
DATED June 1, 1995
BETWEEN
TENNESSEE GAS PIPELINE COMPANY
AND
CONNECTICUT NATURAL GAS CORP
CONNECTICUT NATURAL GAS CORP
EFFECTIVE DATE OF AMENDMENT: June 1, 1995
RATE SCHEDULE: FT-A
SERVICE PACKAGE: 10781
SERVICE PACKAGE TQ: 13,884 Dth
METER METER NAME INTERCONNECT PARTY NAME COUNTY ST ZONE R/D LEG METER-TQ BILLABLE-TQ
----------------------------------------------------------------------------------------------------------------------------
020578 ANDREWS SETTLEMENT SALES (Bi NATIONAL FUEL GAS SUPPLY CORP POTTER PA 04 R 300 13,278 13,278
070012 ELLISBURG WITHDRAWAL (CNG) B CNG TRANSMISSION CORP POTTER PA 04 R 300 606 606
Total Receipt TQ: 13,884 3,884
020123 CONNECTICUT-GREENWICH CONN CONNECTICUT NATURAL GAS CORP FAIRFIELCT 06 D 300 3,588 3,588
020217 CONNECTICUT-PUTNAM LAKE CONN CONNECTICUT NATURAL GAS CORP FAIRFIELCT 06 D 300 9,241 9,241
020453 CONNECTICUT-NORTH BLOOMFIELD C CONNECTICUT NATURAL GAS CORP HARTFORDCT 06 D 300 1,055 1,055
NUMBER OF RECEIPT POINTS AFFECTED: 2
NUMBER OF DELIVERY POINTS AFFECTED: 3
Note: Exhibit "A" is a reflection of the contract and all amendments
as of the amendment effective date.