Exhibit 10.27
Contract #T1022
NORTHERN BORDER PIPELINE COMPANY
U. S. SHIPPERS
SERVICE AGREEMENT
This Agreement is made and entered into at Omaha, Nebraska as of October 1,
1992, by and between NORTHERN BORDER PIPELINE COMPANY, hereinafter referred to
as "Company" and PAN-ALBERTA GAS (U.S.) INC., a Delaware corporation,
hereinafter referred to as "Shipper".
WHEREAS, Company's investors and lenders rely on Certificates of Public
Convenience and Necessity granted by the Federal Energy Regulatory Commission
and on the Tariff for the return of and the return on all funds invested in or
loaned to the Company; and
WHEREAS, the transportation of natural gas shall be effectuated pursuant to Part
157 or Part 284 of the Federal Energy Regulatory Commission's Regulations; and
WHEREAS, Panhandle Eastern Pipe Line Company (Panhandle) is proposing an overall
settlement transaction to resolve matters associated with the purchase and
transportation of Canadian gas supplies which are sold to Northwest Alaskan
Pipeline Company (Northwest Alaskan) by Pan-Alberta Gas Ltd. (Pan-Alberta) and
which are purchased by Panhandle from Northwest Alaskan and transported by
Company under authorizations previously issued by the Federal Energy Regulatory
Commission under the Natural Gas Act and XXXXX; and
WHEREAS, as part of this overall settlement, Panhandle has requested that the
firm capacity under its U.S. Shippers Service Agreement dated December 15, 1980,
as amended (Agreement) be made available to Shipper; and
WHEREAS, Shipper and Company intend that this Service Agreement will become
effective simultaneously with all other agreements and approvals needed to
implement this overall settlement and that Shipper, Company, Northwest Alaskan,
Pan-Alberta, Panhandle and other appropriate parties will execute a Closing
Agreement prior to October 31, 1992 which will delineate the various approvals,
documentation, etc. that will have to have been issued or executed for the
transaction to close, and which will provide for the required simultaneous
effectuation.
NOW THEREFORE, in consideration of their respective covenants and agreements
hereinafter set out, the parties hereto covenant and agree as follows:
NORTHERN BORDER PIPELINE COMPANY
U. S. SHIPPERS
SERVICE AGREEMENT
Article 1 - Basic Receipts
Shipper shall on each day beginning with Shipper's Billing Commencement Date, as
defined in Section 1 of the General Terms and Conditions of Company's FERC Gas
Tariff, be entitled to tender and, following tender, deliver to Company, at each
of Shipper's Points of Receipt, a quantity of gas not in excess of the Daily
Receipt Quantity for such Point of Receipt for such day, as defined in such
Section 1, and Company shall, on such day, take receipt of the quantity of gas
so tendered and delivered by Shipper at such Point of Receipt.
Article 2 - Excess Receipts
If Shipper shall desire to tender to Company on any day beginning with Shipper's
Billing Commencement Date, at any of Shipper's Points of Receipt, a quantity of
gas in excess of Shipper's Daily Receipt Quantity for such Point of Receipt for
such day, it shall notify Company of such desire. If Company in its sole
judgment, determines that it has available the necessary capacity to receive and
transport all or any part of such excess quantity and make deliveries in respect
thereof, and that the performance of Company's obligations to other Shippers
under their Service Agreements will not be adversely affected thereby, Company
may elect to receive from Shipper said excess quantity or part thereof, and
shall so notify Shipper. Scheduling of Excess Receipts will be in accordance
with Subsection 5.3 of Rate Schedule T-1, Section 5 of Rate Schedule IT-1 and
Subsection 5.1 in Rate Schedule OT-1. If more than one of the Shippers subject
to Rate Schedule T-1 shall notify Company of a desire to tender gas to Company
pursuant to Article 2 of their respective Service Agreements on any day,
Company, if it elects to receive less than all of such gas, shall, except as
otherwise required by Subsection 5.3 of Rate Schedule T-1 and Subsection 13.73
of the General Terms and Conditions, allocate among such Shippers the aggregate
quantity it so elects to receive in proportion to their respective Total Maximum
Receipt Quantities or in such other equitable manner as Company's operating
conditions and the availability of its facilities may reasonably require.
Receipt of gas under this Article 2 which Company has previously elected to
receive from Shipper may be curtailed partially or entirely at any time or from
time to time by company at will, in which event Company shall so notify Shipper
of its decision.
-2-
NORTHERN BORDER PIPELINE COMPANY
U. S. SHIPPERS
SERVICE AGREEMENT
Article 3 - Deliveries
Company shall deliver gas to Shipper at the Point(s) of Delivery and under the
conditions specified in Exhibit A hereto and in accordance with Section 13 of
the General Terms and Conditions.
Article 4 - Payments
Shipper shall make payments to Company in accordance with Rate Schedules T-1 and
OT-1 and the other applicable terms and provisions of this Agreement.
Article 5 - Change in Tariff Provisions
Upon notice to Shipper, Company shall have the right to file with the Federal
Energy Regulatory Commission any changes in the terms of any of its Rate
Schedules, General Terms and Conditions or Form of Service Agreement as Company
may deem necessary, and to make such changes effective at such times as Company
desires and is possible under applicable law. Shipper may protest any filed
changes before the Federal Energy Regulatory Commission and exercise any other
rights it may have with respect thereto.
Article 6 - Cancellation of Prior Agreements
When this Service Agreement becomes effective, it shall supersede, cancel and
terminate the following Agreements:
None
Article 7 - Term
Notwithstanding the execution and delivery hereof, the effectiveness of this
Service Agreement and the obligations of the parties hereunder shall be subject
to and conditioned upon the Satisfaction of the Conditions Precedent. This
Service Agreement shall become immediately effective at the later of 8:00 a.m.
Mountain Standard Time on November 1, 1992, or 8:00 a.m. Mountain Standard Time
on the day following the day on which Satisfaction of the Conditions Precedent
occurs. The time at which this Service Agreement becomes effective as aforesaid
is herein called the "Effective Time." This Service Agreement shall continue in
effect from the "Effective Time" through October 31, 2001, and thereafter until
terminated by not less than six (6) months prior written notice to the other.
Service rendered pursuant to this Service Agreement shall be abandoned upon
termination of this Agreement.
-3-
NORTHERN BORDER PIPELINE COMPANY
U. S. SHIPPERS
SERVICE AGREEMENT
If Shipper fails to pay in full the amount of any invoice rendered by Company
within five (5) business days of the date payment is due, this Agreement shall
automatically terminate and be of no further force and effect on the earlier of
(i) the business day immediately following the receipt by each of the Company
and Shipper of a written notice from Panhandle Eastern Pipe Line Company
("Panhandle") stating that it is exercising its rights under its U.S. Shippers
Service Agreement to obtain the capacity covered by this Service Agreement, or
(ii) thirty (30) days after the date payment by Shipper was due hereunder.
Notwithstanding the foregoing, this Agreement shall not be terminated as to all
or any portion of the capacity covered hereby if Shipper cures such nonpayment
prior to the time of termination.
Upon the receipt of any necessary abandonment authority, the Company shall be
entitled to terminate this Agreement if Shipper shall have failed to furnish a
proper security arrangement in accordance with Subsection 9.1 of Rate Schedule
T-1, to Company within thirty (30) days after notice from the Company subsequent
to the occurrence of any of the following events:
The filing by Shipper or its parent or the party providing primary
credit support of a voluntary petition in bankruptcy or the entry of a
decree or order by a court having jurisdiction in the premises adjudging
the Shipper as bankrupt or insolvent, or approving as properly filed a
petition seeking reorganization, arrangement, adjustment or composition
of or in respect of the Shipper under the Federal Bankruptcy Act or any
other applicable federal or state law relating to insolvency, or
appointing a receiver, liquidator, assignee, trustee, sequestrator (or
other similar official) of the Shipper or any substantial part of its
property, or the ordering of the winding-up or liquidation of its
affairs, with said order or decree continuing unstayed and in effect for
a period of sixty (60) consecutive days.
The U.S. Shippers Service Agreement dated December 15, 1980 as amended
between Panhandle Eastern Pipe Line Company and Company ceases to exist
prior to October 31, 2001, other than by the mutual agreement of the
parties thereto.
Termination of this U.S. Shippers Service Agreement shall release Shipper from
its obligation which would be incurred after the effective time of such
termination with respect to the capacity which is the subject of such
termination but such termination shall not relieve Company and Shipper of the
obligation to correct any Receipt or Delivery Imbalances hereunder, or Shipper
to pay to Company money due hereunder at the
-4-
NORTHERN BORDER PIPELINE COMPANY
U. S. SHIPPERS
SERVICE AGREEMENT
effective time of such termination and such termination shall be in addition to
any other remedies that Company may have.
Article 8 - Applicable Law and Submission to Jurisdiction
This Agreement and Company's Tariff, and the rights and obligations of Company
and Shipper thereunder are subject to all relevant and United States lawful
statutes, rules, regulations and orders of duly constituted authorities having
jurisdiction. Subject to the foregoing, this Agreement shall be governed by and
interpreted in accordance with the laws of the State of Nebraska. For purposes
of legal proceedings, this Agreement shall be deemed to have been made in the
State of Nebraska and to be performed there, and the Courts of that State shall
have jurisdiction over all disputes which may arise under this Agreement,
provided always that nothing herein contained shall prevent the Company from
proceeding at its election against the Shipper in the Courts of any other state,
Province or country.
At the Company's request, the Shipper shall irrevocably appoint an agent in
Nebraska to receive, for it and on its behalf, service of process in connection
with any judicial proceeding in Nebraska relating to the Agreement. Such service
shall be deemed completed on delivery to such process agent (even if not
forwarded to and received by the Shipper). If said agent ceases to act as a
process agent within Nebraska on behalf of Shipper, the Shipper shall appoint a
substitute process agent within Nebraska and deliver to the Company a copy of
the new agent's acceptance of that appointment within 30 days.
Article 9 - Successors and Assigns
After establishing creditworthiness in accordance with Section 9 of Rate
Schedule T-1, any person which shall succeed by purchase, amalgamation, merger
or consolidation to the properties, substantially as an entirety, of Shipper or
of Company, as the case may be, and which shall assume all obligations under
Shipper's Service Agreement of Shipper or Company, as the case may be, shall be
entitled to the rights, and shall be subject to the obligations, of its
predecessor under Shipper's Service Agreement. Either party to a Shipper's
Service Agreement may pledge or charge the same under the provisions of any
mortgage, deed of trust, indenture, security agreement or similar instrument
which it has executed. After the affiliated Person has established
creditworthiness in accordance with Section 9 of Rate Schedule T-1, Shipper may
assign such Service Agreement to any affiliated Person (which for such purpose
shall mean any person which controls, is under common control with or is
controlled by such party). Nothing contained in this Article 9 shall, however,
operate to release predecessor Shipper from its obligation under its Service
Agreement unless Company shall, in its sole discretion, consent in writing to
such
-5-
NORTHERN BORDER PIPELINE COMPANY
U. S. SHIPPERS
SERVICE AGREEMENT
release, which it shall not do unless it concludes that, on the basis of the
facts available to it, such release is not likely to have a substantial adverse
effect upon other Shippers or other Persons who may become liable to provide
funds to Company to enable it to meet any of its obligations. Company shall not
release any Shipper from its obligations under its service Agreement without the
written consent of the other firm Shippers unless: (a) such release is effected
pursuant to an assignment of obligations by such Shipper, and the assumption
thereof by the assignee, and the terms of such assignment and assumption render
the obligations being assigned and assumed no more conditional and no less
absolute than those at the time provided therein; and (b) such release is not
likely to have a substantial adverse effect upon Company or the other firm
Shippers. For the purposes hereof, and without limiting the generality of the
foregoing, any release of any Shipper from its obligations under its Service
Agreement shall be deemed likely to have a substantial adverse effect upon
Company or the other Shippers if the assignee of such obligations has a credit
standing which is not at least equal to the credit standing of the assignor of
such obligations (credit standings in each case as reflected by the ratings on
outstanding debt securities by Xxxxx'x Investors Service, Standard and Poor's
Corporation or another rating service acceptable to all Shippers to the extent
available or by other appropriate objective measures). Shipper shall, at
Company's request, execute such instruments and take such other action as may be
desirable to give effect to any such assignment of Company's rights under such
Shipper's Service Agreement or to give effect to the right of a Person whom the
Company has specified pursuant to Section 6 of the General Terms and Conditions
of Company's FERC Gas Tariff as the Person to whom payment of amounts invoiced
by Company shall be made; provided, however, that: (a) Shipper shall not be
required to execute any such instruments or take any such other action the
effect of which is to modify the respective rights and obligations of either
Shipper or Company under this Agreement; and (b) Shipper shall be under no
obligation at any time to determine the status or amount of any payments which
may be due from Company to any Person whom the Company has specified pursuant to
said Section 6 as the Person to whom payment of amounts invoiced by Company
shall be made.
Article 10 - Loss of Governmental Authority, Gas Supply, Transportation or
Market
Without limiting its other responsibilities and obligations under this
Agreement, the Shipper acknowledges that it is responsible for obtaining and
assumes the risk of loss of the following: (1) gas removal permits, (2) export
and import licenses, (3) gas supply, (4) markets and (5) transportation upstream
and downstream of the Company's pipeline system. Notwithstanding the loss of one
of the items enumerated above, Shipper shall continue to be liable for payment
to the Company of the transportation charges as provided for in this Agreement.
-6-
NORTHERN BORDER PIPELINE COMPANY
U. S. SHIPPERS
SERVICE AGREEMENT
Article 11 - Other Operating Provisions
(This Article to be utilized when necessary to specify other operating
provisions.)
Article 12 - Exhibit A of Service Agreement, Rate Schedules and General Terms
and Conditions
Company's Rate Schedules and General Terms and Conditions, which are on file
with the Federal Energy Regulatory Commission and in effect, and Exhibit A
hereto are all applicable to this Agreement and are hereby incorporated in, and
made a part of, this Agreement. In the event that the terms and conditions
herein are in conflict with the General Terms and Conditions in Company's FERC
Gas Tariff, the terms and conditions of this Agreement are controlling.
IN WITNESS WHEREOF, The parties hereto have caused this Agreement to be duly
executed as of the day and year first set forth above.
-7-
NORTHERN BORDER PIPELINE COMPANY
U. S. SHIPPERS
SERVICE AGREEMENT
ATTEST: NORTHERN BORDER PIPELINE COMPANY
By: Northern Plains Natural Gas Company,
Operating
By: /s/ Xxxx X. XxXxxxxxx
--------------------------------
/s/ Xxxxx X. Place Title: Vice President
-------------------------- --------------------------------
Assistant Secretary
ATTEST: PAN-ALBERTA GAS (U.S.) INC.
By: /s/ X.X. Xxxxxxxx
-------------------------- --------------------------------
Title: Division Vice-President Marketing
BY: /s/ R.E. Xxxxxx
--------------------------------
Title Vice-President Marketing &
Transportation
-8-
NORTHERN BORDER PIPELINE COMPANY T1022
AMENDED U.S. SHIPPERS SERVICE AGREEMENT
DATED OCTOBER 1, 1992
This Amendment is entered into as of this 22 day of JUNE, 1998 by and between
NORTHERN BORDER PIPELINE COMPANY, hereinafter referred to as "Company" and
PAN-ALBERTA GAS (U.S.) INC., hereinafter referred to as "Shipper".
WHEREAS, Shipper and Company have entered into a U.S. Shippers Service Agreement
dated as of October 1, 1992, and any such Amendments thereto (hereinafter the
"Service Agreement"); and
WHEREAS, Shipper desires to extend the term of the Service Agreement for certain
volumes from October 31, 2001 to October 31, 2003; and
NOW THEREFORE, in consideration of their respective covenants and agreements
hereinafter set out, the parties hereto covenant and agree as follows:
(a) The first paragraph of Article 7 of the Service Agreement shall be replaced
and superseded with the following:
This Service Agreement shall become immediately effective 8:00 a.m. Mountain
Standard Time on November 1, 1992, herein called the "Effective Time" and shall
continue in effect from the "Effective Time" through October 31, 2003, and
thereafter in accordance with Company's Tariff, provided that prior to November
1, 2000, Shipper will commit to and demonstrate Shipper's ability to continue to
satisfy the credit requirements of Company's Tariff (as may be in effect at that
time) in respect of the period November 1, 2001 through October 31, 2003.
Company shall provide by September 1, 2000 written notice to Shipper of the
November 1, 2000 requirement. Should Shipper fail to fulfill this credit
commitment and demonstration obligation prior to November 1, 2000, Company may
thereafter terminate this Service Agreement upon thirty (30) days written notice
to Shipper, provided that the effective date of any such termination shall not
be prior to October 31, 2001. These same procedures will apply in respect of
credit requirements associated with further extensions, if any, of the Service
Agreement prior to November 1, 2000. Service rendered pursuant to this Service
Agreement shall be abandoned upon termination of this Agreement.
(b) The effectiveness of the Amendment shall be conditioned upon the issuance by
the Federal Energy Regulatory Commission of a final order acceptable to the
Company and no longer subject to judicial review approving the Company's
application to convert the service to Part 284 regulations or to continue
service under Part 157.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed as of the day and year set forth above.
1
NORTHERN BORDER PIPELINE COMPANY T1022
AMENDED U.S. SHIPPERS SERVICE AGREEMENT
DATED OCTOBER 1, 1992
AMENDED EXHIBIT A TO U.S. SHIPPERS SERVICE AGREEMENT
ATTEST: NORTHERN BORDER PIPELINE COMPANY
By: Northern Plains Natural Gas Company,
Operator
By: /s/ Xxxxxx X. Xxxx
-------------------------------
/s/ Xxx Xxxxxxx Title: Vice President
----------------------------
Assistant Secretary
WITNESS: PAN-ALBERTA GAS (U.S.) INC.
By: /s/ Xxxx Xxxxxxxx
---------------------------- -------------------------------
WITNESS: Title: Vice President
By: /s/ Xxxxx X. Xxxxxx
---------------------------- -------------------------------
Title: General Counsel & Corporate Secretary
-2-
NORTHERN BORDER PIPELINE COMPANY T1022
AMENDED U.S. SHIPPERS SERVICE AGREEMENT
DATED OCTOBER 1, 1992
AMENDED EXHIBIT A TO U.S. SHIPPERS SERVICE AGREEMENT
Company: Northern Border Pipeline Company
Company's Address: 0000 Xxxxx 000xx Xxxxxx
Xxxxx, Xxxxxxxx 00000-0000
Shipper: Pan-Alberta Gas (U.S.) Inc.
Attn: Xx. Xxxx Xxxxxxxx
Shipper's Address: 800 - 000 0xx Xxxxxx X.X.
Xxxxxxx, XX, Xxxxxx X0X 0X0
Maximum Maximum Minimum Maximum
Role Quantity Receipt Delivery Receipt Minimum
(Notes (Note 4) Pressure Pressure Temperature Temperature
Points 1 and 3) (MCF/Day) (PSIG) (PSIG) ((degree)F) ((degree)F)
------------------------------ -------------- -------------- ------------ -------------- -------------- --------------
Port of Xxxxxx, MT PR 150,000 1435 - 120 32
Saskana, MT PR 60,000 1435 - 120 32
(Secondary-Note 2) RD 60,000 - - - -
TP 150,000 - - - -
DD 60,000 - - - -
Buford, ND PR 48,000 1435 - 120 00
(Xxxxxxxxx-Xxxx0) XX 00,000 - - - -
XX 150,000 - - - -
DD 48,000 - - - -
Watford City, ND PR 60,000 1435 - 120 32
(Secondary-Note 2) RD 60,000 - - - -
TP 150,000 - - - -
DD 60,000 - - - -
Hebron, ND PR 150,000 1435 - 120 32
(Secondary- RD 150,000 - - - -
Note 2) TP 150,000 - - - -
PD 30,000 - 725 - 32
DD 30,000 - - - -
Xxxx Ullin, ND PR 60,000 1435 - 120 32
(Secondary-Note 2) RD 60,000 - - - -
TP 150,000 - - - -
PD 100,000 - 725 - 32
DD 100,000 - - - -
-3-
NORTHERN BORDER PIPELINE COMPANY T1022
AMENDED U.S. SHIPPERS SERVICE AGREEMENT
DATED OCTOBER 1, 1992
AMENDED EXHIBIT A TO U.S. SHIPPERS SERVICE AGREEMENT
Maximum Maximum Minimum Maximum
Role Quantity Receipt Delivery Receipt Minimum
(Notes (Note 4) Pressure Pressure Temperature Temperature
Points 1 and 3) (MCF/Day) (PSIG) (PSIG) ((degree)F) ((degree)F)
------------------------------ -------------- -------------- ------------ -------------- -------------- --------------
Linton, ND RD 770 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 770 - 700 - 32
DD 770 - - - -
Mina, SD RD 4,500 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 4,500 - 750 - 32
DD 4,500 - - - -
Warner, SD RD 24,000 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 24,000 - 1,000 - 32
DD 24,000 - - - -
Aberdeen, SD RD 35,000 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 35,000 - 800 - 32
DD 35,000 - - - -
Webster, SD RD 5,000 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 5,000 - 700 - 32
DD 5,000 - - - -
Milbank, SD RD 8,073 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 8,073 - 800 - 32
DD 8,073 - - - -
Ivanhoe, MN RD 1,791 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 1,791 - 700 - 32
DD 1,791 - - - -
Balaton, MN RD 20,000 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 20,000 - 720 - 32
DD 20,000 - - - -
Marshall, MN RD 80,000 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 80,000 - 800 - 32
DD 80,000 - - - -
-4-
NORTHERN BORDER PIPELINE COMPANY T1022
AMENDED U.S. SHIPPERS SERVICE AGREEMENT
DATED OCTOBER 1, 1992
AMENDED EXHIBIT A TO U.S. SHIPPERS SERVICE AGREEMENT
Maximum Maximum Minimum Maximum
Role Quantity Receipt Delivery Receipt Minimum
(Notes (Note 4) Pressure Pressure Temperature Temperature
Points 1 and 3) (MCF/Day) (PSIG) (PSIG) ((degree)F) ((degree)F)
------------------------------ -------------- -------------- ------------ -------------- -------------- --------------
Westbrook, MN RD 2,500 - - - -
(Secondary-Note 2) TP 150,000 - - -
PD 2,500 - 800 - 32
DD 2,500 - - - -
Windom, MN RD 10,000 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 10,000 - 800 - 32
DD 10,000 - - - -
Welcome, MN RD 150,000 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 150,000 - 796 - 32
DD 150,000 - - - -
Ledyard, IA RD 4,000 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 4,000 - 800 - 32
DD 4,000 - - - -
Ventura, IA RD 150,000 - - - -
(Secondary-Note 2) TP 150,000 - - -
PD 150,000 - 820 - 32
DD 150,000 - - - -
Grundy Center, IA RD 103,000 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 103,000 - 800 - 32
DD 103,000 - - - -
Beaman, IA RD 5,100 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 880 - 839 - 32
DD 880 - - - -
Tama, IA RD 880 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 8,880 - 816 - 32
DD 8,880 - - - -
Amana, IA RD 16,350 - - - -
(Secondary-Note 2) TP 150,000 - - - -
PD 16,350 - 783 - -
DD 16,350 - - - -
-5-
NORTHERN BORDER PIPELINE COMPANY T1022
AMENDED U.S. SHIPPERS SERVICE AGREEMENT
DATED OCTOBER 1, 1992
AMENDED EXHIBIT A TO U.S. SHIPPERS SERVICE AGREEMENT
Maximum Maximum Minimum Maximum
Role Quantity Receipt Delivery Receipt Minimum
(Notes (Note 4) Pressure Pressure Temperature Temperature
Points 1 and 3) (MCF/Day) (PSIG) (PSIG) ((degree)F) ((degree)F)
------------------------------ -------------- -------------- ------------ -------------- -------------- --------------
Harper, IA PD 150,000 - - - -
Total Maximum
Receipt Quantity 150,000 Mcf 11/01/1992 - 10/31/2001
132,400 Mcf 11/01/2001 - 10/31/2003
-6-
NORTHERN BORDER PIPELINE COMPANY
US SHIPPERS SERVICE AGREEMENT
AMENDED EXHIBIT A TO U.S. SHIPPERS SERVICE AGREEMNT (Continued)
Note 1: The point role will be PR for physical receipts, RD for receipt by
displacement, TP for transfer points, PD for physical deliveries,
and DD for delivery by displacement.
Note 2: Should nominations at secondary receipt and delivery points be
received which exceed available capacity, volumes will be scheduled
in accordance with Northern Border's nomination and scheduling
procedures.
Note 3: For receipt or delivery of gas by displacement, Company cannot and
does not have an obligation to physically deliver or receive gas at
these points. Volumes will be delivered or received at these
point(s) only to the extent that corresponding equal or greater
volumes are received or delivered by other parties at these points
on the same day. These corresponding volumes will be used to
displace volumes nominated for delivery or receipt by Shipper.
Note 4: Where the maximum quantity for receipt, delivery and transfer
points is shown as 150,000 Mcf, the maximum quantity shall be
132,400 Mcf for the period from 11/01/2001 until 10/31/2003.
This Amended Exhibit A is made and entered into as of June 22, 1998. On the
effective date it shall supersede the Exhibit A dated as of June 22, 1998.
The effectiveness of the Amendment shall be conditioned upon the issuance by the
Federal Energy Regulatory Commission of a final order acceptable to the Company
and no longer subject to judicial review approving the Company's application to
convert the service to Part 284 regulations or to continue service under Part
157.
ATTEST: NORTHERN BORDER PIPELINE COMPANY
By: Northern Plains Natural Gas
Company, Operator
/s/ Xxx Xxxxxxx By: /s/ Xxxxxx X. Xxxx
---------------------------------- ---------------------------------
Assistant Secretary Title: Vice President
WITNESS: PAN-ALBERTA GAS (U.S.) INC.
By: /s/ Xxxx Xxxxxxxx
---------------------------------- ---------------------------------
Title: Vice President
------------------------------
By: /s/ Xxx Xxxxx
---------------------------------
Title: Senior Vice President
Marketing & Customer Service
-7-
