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EXHIBIT 10.16
Service Agreement No. 38087
Control No. 930905-0034
SST SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of November, 1993,
by and between COLUMBIA GAS TRANSMISSION CORPORATION ("Seller") and MOUNTAINEER
GAS COMPANY ("Buyer").
WITNESSETH: That in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
Section 1. Service to be Rendered. Seller shall perform and Buyer
shall receive service in accordance with the provisions of the effective SST
Rate Schedule and applicable General Terms and Conditions of Seller's FERC Gas
Tariff, Second Revised Volume No. 1 (Tariff), on file with the Federal Energy
Regulatory Commission (Commission), as the same may be amended or superseded in
accordance with the rules and regulations of the Commission. The maximum
obligation of Seller to deliver gas hereunder to or for Buyer, the designation
of the points of delivery at which Seller shall deliver or cause gas to be
delivered to or for Buyer, and the points of receipt at which Buyer shall
deliver or cause gas to be delivered, are specified in Appendix A, as the same
may be amended from time to time by agreement between Buyer and Seller, or in
accordance with the rules and regulations of the Commission. Service hereunder
shall be provided subject to the provisions of Part 284.223 of Subpart G of the
Commission's regulations. Buyer warrants that service hereunder is being
provided on behalf of Buyer.
Section 2. Term. Service under this Agreement shall commence as of
November 1, 1993, and shall continue in full force and effect until October 31,
2004, and from year-to-year thereafter unless terminated by either party upon
six (6) months' written notice to the other prior to the end of the initial
term granted or any anniversary date thereafter. Pre-granted abandonment shall
apply upon termination of this Agreement, subject to any right of first refusal
Buyer may have under the Commission's regulations and Seller's Tariff.
Section 3. Rates. Buyer shall pay Seller the charges and furnish
Retainage as described in the above-referenced Rate Schedule, unless otherwise
agreed to by the parties in writing and specified as an amendment to this
Service Agreement.
Section 4. Notices. Notices to Seller under this Agreement shall be
addressed to it at Xxxx Xxxxxx Xxx 0000, Xxxxxxxxxx, Xxxx Xxxxxxxx 00000-0000,
Attention: Director, Transportation and
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Exchange and notices to Buyer shall be addressed to it at P. 0. Xxx 0000,
Xxxxxxxxxx, XX 00000- 3152, Attention: Xxxxx X. Xxxxx, until changed by either
party by written notice.
Section 5. Prior Service Agreements. This Agreement is being entered
into by the parties hereto pursuant to the Commission's Order No. 636 and its
orders dated July 14, 1993 and September 29, 1993, with respect to Seller's
Order No. 636 compliance filing and relates to the following existing Service
Agreements:
FSS Service Agreement No. 34628, effective November 1, 1989, as it may
have been amended, providing for storage and transportation service
under the FSS Rate Schedule.
CDS Service Agreement No. 36057, effective November 1, 1989, as it may
have been amended, providing for a bundled sales, transportation and
storage service under the CDS Rate Schedule.
WS Service Agreement No. 36058, effective November 1, 1989, as it may
have been amended, providing for a bundled storage and delivery
service under the WS Rate Schedule.
The terms of Service Agreement No. 38087 shall become effective as of the
effective date hereof, however, the parties agree that neither the execution
nor the performance of Service Agreement 38087 shall prejudice any recoupment
or other rights that Buyer may have under or with respect to the
above-referenced Service Agreements.
MOUNTAINEER GAS COMPANY COLUMBIA GAS TRANSMISSION
CORPORATION
By /s/ Xxxxxxx X. Xxxxxxxx By /s/ X.X. Xxxxxxx
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Title Senior Vice President- Title Senior Vice President
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Chief Financial Officer
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Revision No.
Control No. 1993-09-05 - 0034
Appendix A to Service Agreement No. 38087
Under Rate Schedule SST
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) MOUNTAINEER GAS CO
October through March Transportation Demand 231,893 Dth/day
April through September Transportation Demand 115,946 Dth/day
Primary Receipt Points
Scheduling Scheduling Maximum Daily
Point No. Point Name Quantity (Dth/Day)
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STOW STORAGE WITHDRAWALS 231,893
