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EXHIBIT 10.39
SERVICE AGREEMENT NO. 49777
CONTROL NO. 1995-04-30-0080
FSS SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 22nd day of November, 1995, by and
between:
COLUMBIA GAS TRANSMISSION CORPORATION
("SELLER")
AND
PIEDMONT NATURAL GAS CO
("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
the service in accordance with provisions of the effective FSS 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Commission (Commission), as the same may be amended or superseded in accordance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. Seller shall store quantities
of gas for Buyer up to but not exceeding Buyer's Storage Contract Quantity as
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 APRIL 01,
1998, or upon completion of facilities and shall continue in full force and
effect until OCTOBER 31, 2013, and from YEAR-to-YEAR thereafter unless
terminated by either party upon 2 YEARS' 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 the charges and furnish the Retainage
percentage set forth in the above-referenced Rate Schedule and specified in
Seller's currently effective Tariff, unless otherwise agreed to by the parties
in writing and specified as an amendment to this Service Agreement.
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SERVICE AGREEMENT NO. 49777
CONTROL NO. 1995-04-30-0080
FSS 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:
Manager-Agreements. Administration and notices to Buyer shall be addressed to
it at:
PEIDMONT NATURAL GAS CO
0000 XXXXXXX XXXX
XXXXXXXXX, XX 00000
ATTN: XXXXX XXXXXXX
until changed by either party by written notice.
Section 5. Superseded Agreements. This Service Agreement supersedes and
cancels, as of the effective date hereof, the following Service Agreements:
N/A.
PIEDMONT NATURAL GAS CO
By: /s/ X.X. Xxxxxxx
------------------------------------------
Title: Vice President - Gas Supply
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Date: November 22, 1995
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COLUMBIA GAS TRANSMISSION CORPORATION
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------------
Title: Vice President
---------------------------------------
Date: November 27, 1995
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Revision No.
Control No. 1995-04-30-0080
Appendix A to Service Agreement No. 49777
Under Rate Schedule FSS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) PIEDMONT NATURAL GAS CO
---------------- ---------------------------------------------------------------
GFNT / THIS SERVICE AGREEMENT AND ITS EFFECTIVENESS ARE SUBJECT
TO PRECEDENT AGREEMENT NO. 47762 BETWEEN BUYER AND
SELLER DATED MAY 11, 1995.
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Revision No.
Control No. 1995-04-30-0080
Appendix A to Service Agreement No. 49777
Under Rate Schedule FSS
Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION
and (Buyer) PIEDMONT NATURAL GAS CO
Storage Contract Quantity 1,150,166 Dth
Maximum Daily Storage Quantity 19,169 Dth per day
CANCELLATION OF PREVIOUS APPENDIX A
Service changes pursuant to this Appendix A shall become effective as of APRIL
01, 1998. This Appendix A shall cancel and supersede the previous Appendix A
effective as of N/A, to the Service Agreement referenced above. With the
exception of this Appendix A, all other terms and conditions of said Service
Agreement shall remain in full force and effect.
PIEDMONT NATURAL GAS CO
By: /s/ X.X. Xxxxxxx
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Title: Vice President - Gas Supply
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Date: November 22, 1995
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COLUMBIA GAS TRANSMISSION CORPORATION
By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------------------
Title: Vice President
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Date: November 27, 1995
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