Exhibit 10-G-2
Confidential information has been omitted from this Exhibit and filed
separately with the Commission pursuant to a confidential treatment
request under Rule 24b-2.
FIRST AMENDMENT
TO
COAL TRANSPORTATION AGREEMENT ICC-BN-C-2913
This First Amendment to Coal Transportation Agreement ICC-BN-C-2913
(hereinafter referred to as "First Amendment") is made pursuant to 49
U.S.C. Section 10713 on this 27th day of December, 1995, by and among
Burlington Northern Railroad Company, a Delaware corporation (hereinafter
referred to as "BN"), Otter Tail Power Company, a Minnesota corporation,
Northwestern Public Service Company, a Delaware corporation, and Montana-
Dakota Utilities Co., a Division of MDU Resources Group, Inc., a Delaware
corporation (hereinafter jointly referred to as "Utilities").
WHEREAS, BN and Utilities are parties to a Coal Transportation
Agreement dated July 18, 1994, ICC-BN-C-2913 (hereinafter referred to as
the "Original Agreement"); and
WHEREAS, Utilities own and operate and electric generating plant
described herein, known as the Big Stone Plant; and
WHEREAS, BN and Utilities desire to amend the Original Agreement to
provide for an allowance from coal transportation rates to the Big Stone
Plant; such allowance arising from Utilities' proposed use of high capacity
aluminum cars and BN's resulting provision of cars to supplement coal
transportation requirements to the Big Stone Plant.
NOW THEREFORE, in consideration of the premises, covenants, and
considerations set out herein, the parties hereto agree as follows:
Article I
Filing, Approval, Effective Date, and Term of Amendment
Section 1. Filing and Approval
Within seven (7) days after its receipt of fully executed copies of
this First Amendment, BN will file the requisite contract summary with the
ICC in accordance with the provisions of 49 U.S.C. 10713 and the ICC
regulations promulgated thereunder.
Section 2. Effective Date and Term
This First Amendment shall be effective on the date the contract
summary is filed with the ICC (hereinafter "Effective Date"); PROVIDED,
HOWEVER, that if the ICC disapproves this First Amendment, it will be null
and void ab initio and any shipments moving on or between the date of
filing of this First Amendment and the date of disapproval will be subject
to the terms of the Original Agreement. In accordance with the agreement
of the parties, subject to ICC approval of this First Amendment and the
conditions of 49 C.F.R. 1313(c), the terms of this First Amendment shall
apply on all trains of coal tendered on or after October 1, 1996.
The term of this First Amendment shall end at 11:59 p.m. Central
Standard Time on December 31, 1999.
Confidential Contract
Article II
Modification of Transportation Rates
Section 1. Modification of Effective Rates - Aluminum Cars Supplied
by Utilities
Commencing with the first train tendered as of the date noted earlier
in Article I, Section 2, provided that Utilities have completed the
installation of adequate railcar unloading facilities at the Big Stone
Plant, and continuing through the term of this First Amendment as stated
above, each of the then Effective Rates shall be reduced by $(*) per ton
(the "Aluminum Car Allowance") which reflects the usage, by Utilities, of
high capacity aluminum cars. The Aluminum Car Allowance shall apply to all
tons tendered by Utilities for shipment in Utilities-supplied aluminum cars
to the Big Stone Plant. The Aluminum Car Allowance shall not be adjusted
during the term of the First Amendment.
Section 2. Rates for Use of BN-Supplied Cars
If Utilities elect to use BN-supplied cars, then commencing with the
first train tendered as of the date noted earlier in Article I, Section 2,
the rate for movement of coal from the Absaloka mine to the Big Stone Plant
in BN-supplied cars shall be $(*) per ton. This rate shall be adjusted
quarterly per Section 5 of the Original Agreement, with the first such
adjustment to become effective on January 1, 1997.
Article III
General
Nothing in this First Amendment shall alter the rights or obligations
of the parties except as specifically set forth above.
IN WITNESS WHEREOF, the parties hereto have caused this First
Amendment to Contract ICC-BN-C-2913 to be executed by their duly authorized
representatives on the day and year first written above.
OTTER TAIL POWER COMPANY
By:/S/ Xxxx Xxxxxxx
Its: Vice President, Operations
NORTHWESTERN PUBLIC SERVICE COMPANY
By:/S/ A. R. Donnell
Its: V.P. Energy Operations
MONTANA-DAKOTA UTILITIES CO., a division of MDU Resources Group, Inc.
By:/S/ Xxxxx Xxxxxxx
Its: Vice President Energy Supply
BURLINGTON NORTHERN RAILROAD COMPANY
By:/S/ Xxxxx X. Xxxxxxx
Its: AVP Coal Marketing
Confidential Contract
Page 2
*Confidential information has been omitted and filed separately with the
Commission pursuant to Rule 24b-2.
