Attached files
Contract No. 31050000
No-Notice Storage and Transportation Delivery Service
Agreement
Rate Schedule NNT-1
between
Colorado Interstate Gas Company
and
Public Service Company of Colorado
Dated:
October 1, 2001
Contract No. 31050000
No-Notice
Storage and Transportation Delivery Service Agreement
Rate
Schedule NNT-1
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The Parties identified below, in consideration of
their mutual promises, agree as follows:
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1.
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Transporter:
COLORADO INTERSTATE GAS COMPANY
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2.
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Shipper:
PUBLIC SERVICE COMPANY OF COLORADO
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3.
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Applicable
Tariff: Transporter’s FERC Gas Tariff, First Revised Volume No. 1,
as the same may be amended or superseded from time to time (“the
Tariff”).
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4.
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Changes
in Rates and Terms: Transporter shall have the right to propose to
the FERC changes in its rates and terms of service, and this Agreement
shall be deemed to include any changes which are made effective pursuant
to FERC Order or regulation or provisions of law, without prejudice to
Shipper’s right to protest the same.
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5.
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Transportation
Service: Transportation Service at and between Point of Withdrawal
and Primary Point(s) of Delivery shall be on a firm basis. Delivery of
quantities at Secondary Point(s) shall be in accordance with the
Tariff.
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6.
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Delivery:
Transporter agrees to transport and deliver Delivery Quantities to Shipper
(or for Shipper’s account) at the Point(s) of Delivery identified in the
attached Exhibit “A.” Minimum and Maximum delivery pressures, as
applicable, are listed on Exhibit “A.”
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7.
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Rates
and Surcharges: As set forth in Exhibit “B.” For example,
Transporter and Shipper may agree that a specified discount rate will
apply: (a) only to certain specified firm service entitlements under
this Agreement; (b) only if specified quantity levels are actually
achieved under this Agreement (with higher rates, charges, and fees
applicable to all quantities above those levels, or to all quantities
under the Agreement if the specified levels are not achieved);
(c) only to production reserves committed by the Shipper;
(d) only during specified time periods; (e) only to specified
Point(s) of Receipt, Point(s) of Delivery, mainline area segments, supply
areas, Transportation routes, or defined geographical areas under the
associated Transportation Agreement; or (f) in a specified
relationship to the quantities actually Delivered (i.e., that the rates
shall be adjusted in a specified relationship to quantities actually
Delivered); provided, however, that any such discounted rates set forth
above shall be between the minimum and maximum rates applicable to the
service provided under this Agreement.
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In addition, the discount agreement may include a
provision that if one rate component which was at or below the applicable
maximum rate at the time the discount agreement was executed subsequently
exceeds the applicable maximum rate due to a change in Transporter’s
maximum rates so that such rate component must be adjusted downward to
equal the new applicable maximum rate, then other rate components may be
adjusted upward to achieve the agreed overall rate, so long as none of the
resulting rate components exceed the maximum rate applicable to that rate
component. Such changes to rate components shall be applied prospectively,
commencing with the date a Commission order accepts revised tariff sheets.
However, nothing contained herein shall be construed to alter a refund
obligation under applicable law for any period during which rates that had
been charged under a discount agreement exceeded rates which ultimately
are found to be just and reasonable.
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8.
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For
the period October 1, 2001 through April 30, 2007:
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Maximum
Delivery Quantity (“MDQ”):
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637,144 Dth
per Day
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Maximum
Available Capacity (“MAC”):
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20,712,888
Dth
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Maximum Daily
Injection Quantity (“MDIQ”):
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203,691 Dth
per Day
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Maximum Daily
Withdrawal Quantity (“MDWQ”):
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637,144 Dth
per Day
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1
Contract No. 31050000
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All storage
entitlements as stated herein (“MAC”, “MDIQ”, and “MDWQ”) are based on an
Average Thermal Content of Gas in Storage of 1,000 Btu per cubic foot. The
Available Daily Injection Quantity (“ADIQ”), Available Daily Withdrawal
Quantity (“ADWQ”), and storage entitlements shall be subject to the
General Terms and Conditions of the Tariff and stated on Transporter’s
Electronic Bulletin Board.
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9.
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Negotiated Rate
Agreement: No
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10.
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Term
of Agreement:
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Beginning:
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October 1,
2001
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Extending
through:
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April 30,
2007
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11.
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Notices,
Statements, and Bills:
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Invoices
for Transportation:
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Public
Service Company of Colorado
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1099 18th
Street, Suite 3000
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Denver,
Colorado 80202
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Attention:
Vivian Ruth
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All
Notices:
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Public
Service Company of Colorado
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1099 18th
Street, Suite 3000
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Denver,
Colorado 80202
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Attention:
Kurt Haeger
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| To Transporter: | ||||
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See Notices,
Payments, Nominations, and Points of Contact sheets in the
Tariff.
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12.
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Supersedes
and cancels prior Agreement: When this agreement becomes effective,
it shall supersede and cancel the following agreement between the Parties:
The No-Notice Storage and Transportation Delivery Service Agreement
between Transporter and Shipper dated April 1, 1999, and referred to
as Transporter’s Agreement No. 31026000E.
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13.
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Adjustments
to Rate Schedule NNT-1 and/or General Terms and Conditions:
N/A
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14.
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Incorporation
by Reference: This Agreement in all respects shall be subject to
the provisions of Rate Schedule NNT-1 and to the applicable provisions of
the General Terms and Conditions of the Tariff as filed with, and made
effective by, the FERC as same may change from time to time (and as they
may be amended pursuant to Section 12 of the
Agreement).
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2
IN WITNESS WHEREOF, the
parties hereto have executed this Agreement.
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Transporter:
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Shipper:
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COLORADO
INTERSTATE GAS COMPANY
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PUBLIC
SERVICE COMPANY OF COLORADO
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By:
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/s/ THOMAS L.
PRICE
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By:
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/s/ PAUL J. BONAVIA | ||||
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Thomas L.
Price
Vice
President
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Name:
Title:
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Paul J.
Bonavia
Vice
President
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Approved
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By:
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[ILLEGIBLE]
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Legal
Dept.
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Accepted and
agreed to this
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Accepted and
agreed to this day of
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11
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day
of
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March
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, 2002.
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day
of
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, 2002.
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3
Contract No. 31050000
Exhibit
“A”
No-Notice Storage
and Transportation Delivery Service Agreement
between
Colorado
Interstate Gas Company
and
Public
Service Company of Colorado
Dated: October 1,
2001
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1.
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Shipper’s
Maximum Delivery Quantity (“MDQ”): 637,144 Dth per
Day
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2.
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Shipper’s
Maximum Available Capacity (“MAC”): 20,712,888
Dth
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3.
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Shipper’s
Maximum Daily Injection Quantity (“MDIQ”): 203,691 Dth per
Day
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4.
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Shipper’s
Maximum Daily Withdrawal Quantity (“MDWQ”): 637,144 Dth per
Day
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Primary
Point(s) of
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Primary
Point(s) of
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Delivery
Quantity
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Minimum
Delivery
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Maximum
Delivery
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Delivery
(Note 1)
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Effective
Dates
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(Dth
per Day) (Note A)
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Pressure
(p.s.i.g.)
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Pressure
(p.s.i.g.)
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Brush
Group
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10/01/01 -
4/30/07
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4,000
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Corral
Gulch
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10/01/01 -
4/30/07
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0
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700
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East Denver
Group
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10/01/01 -
4/30/07
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534,864
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Ft.
Lupton
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10/01/01 -
4/30/07
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68,280
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350
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Greeley
Group
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10/01/01 -
4/30/07
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0
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Little
Horse
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10/01/01 -
4/30/07
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0
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700
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Lodgepole
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10/01/01 -
4/30/07
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0
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753
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Pueblo
Group
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10/01/01 -
4/30/07
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30,000
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NOTES:
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(A)
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Attached
below is a table entitled “Primary Points of Delivery” that details the
individual Primary Point(s) of Delivery, Points of Delivery Quantity, and
delivery pressures. Shipper shall have the right to take Delivery of
quantities up to the group aggregate limit listed above at any point
within the group subject to the lesser of the Primary Point of Delivery
Quantity or the meter capacity.
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Primary Point(s) of
Delivery
A-1
Contract No. 31050000
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Primary
Point(s) of
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Primary
Point(s) of
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Delivery
Quantity
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Minimum
Delivery
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Maximum
Delivery
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Delivery
(Note 1)
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Effective
Dates
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(Dth
per Day) (Note 2)
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Pressure
(p.s.i.g.)
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Pressure
(p.s.i.g.)
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Ft.
Lupton
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10/01/01 -
4/30/07
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68,280
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350
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EAST
DENVER GROUP:
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Arapahoe
Hills
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10/01/01 -
4/30/07
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156
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LP
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East
Denver
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10/01/01 -
4/30/07
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482,040
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250
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East
Quincy
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10/01/01 -
4/30/07
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48,464
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280
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First Creek
(Note 3)
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10/01/01 -
4/30/07
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0
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920
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Green Valley
(Note 3)
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10/01/01 -
4/30/07
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0
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200
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A-2
Contract
No. 31050000
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Primary
Point(s) of
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Primary
Point(s) of
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Delivery
Quantity
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Minimum
Delivery
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Maximum
Delivery
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Delivery
(Note 1)
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Effective
Dates
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(Dth
per Day) (Note 2)
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Pressure
(p.s.i.g.)
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Pressure
(p.s.i.g.)
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Grimm
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10/01/01 -
4/30/07
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0
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200
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Hidden
Village
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10/01/01 -
4/30/07
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521
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LP
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Inspiration
Point
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10/01/01 -
4/30/07
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106
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(Note
4)
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Mesa
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10/01/01 -
4/30/07
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0
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275
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Schaeffer-Weeks
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10/01/01 -
4/30/07
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2,948
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200
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Second Creek
(Note 3)
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10/01/01 -
4/30/07
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1,424
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400
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Whispering
Pines
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10/01/01 -
4/30/07
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270,805
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(Note
5)
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650
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PUEBLO
GROUP:
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Air
Base
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10/01/01 -
4/30/07
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1,559
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100
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B.F.
Goodrich
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10/01/01 -
4/30/07
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159
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100
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Colorado Fire
Clay Co.
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10/01/01 -
4/30/07
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256
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LP
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Comanche
Power Plant
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10/01/01 -
4/30/07
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147
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200
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Dave Fountain
Tap
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10/01/01 -
4/30/07
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64
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LP
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Devine
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10/01/01 -
4/30/07
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962
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150
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Hendrick
Tap
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10/01/01 -
4/30/07
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90
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LP
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Pinon
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10/01/01 -
4/30/07
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39
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LP
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Pueblo County
Poor Farm
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10/01/01 -
4/30/07
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1,689
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150
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Pueblo
North
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10/01/01 -
4/30/07
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21,310
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150
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Pueblo South
(Note 6)
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10/01/01 -
4/30/07
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43,790
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225
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Pueblo
West
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10/01/01 -
4/30/07
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4,158
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275
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Vineland
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10/01/01 -
4/30/07
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650
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100
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Welton Ditch
Company
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10/01/01 -
4/30/07
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127
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LP
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A-3
Contract
No. 31050000
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Primary
Point(s) of
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Primary
Point(s) of
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Delivery
Quantity
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Minimum
Delivery
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Maximum
Delivery
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Delivery
(Note 1)
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Effective
Dates
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(Dth
per Day) (Note A)
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Pressure
(p.s.i.g.)
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Pressure
(p.s.i.g.)
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BRUSH
GROUP (Note 3):
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3T Cattle
Company
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10/01/01 -
4/30/07
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407
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LP
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Adena
School
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10/01/01 -
4/30/07
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135
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90
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Brush
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10/01/01 -
4/30/07
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4,741
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125
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Engineer
Station 543+17
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10/01/01 -
4/30/07
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83
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50
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(7)
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Fort Morgan
Country Club
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10/01/01 -
4/30/07
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272
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150
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Front Range
Airport
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10/01/01 -
4/30/07
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653
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LP
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John Yager
Tap
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10/01/01 -
4/30/07
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135
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LP
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Knox
Tap
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10/01/01 -
4/30/07
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83
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90
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Log
Lane
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10/01/01 -
4/30/07
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1,361
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90
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Ruebel
Tap
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10/01/01 -
4/30/07
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967
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LP
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Tom
Cooper
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10/01/01 -
4/30/07
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163
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LP
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Wiggins/Roundup
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10/01/01 -
4/30/07
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0
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600
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NOTES:
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(1)
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Information
regarding Point(s) of Receipt and Point(s) of Delivery, including legal
descriptions, measuring Parties, and interconnecting Parties, shall be
posted on Transporter’s Electronic Bulletin Board. Transporter shall
update such information from time to time to include additions, deletions,
or any other revisions deemed appropriate by Transporter.
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(2)
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The sum of
the Delivery Quantities at Point(s) of Delivery shall be equal to or less
than Shipper’s MDQ.
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(3)
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The gas
delivered at this Point of Delivery shall be equal to an input factor
(heating value divided by the square root of the specific gravity) of
1,319, plus or minus 6 percent, unless otherwise agreed to by Shipper
and Transporter.
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(4)
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Inspiration
Point maximum pressure is line pressure not less than 350 p.s.i.g. in
November, December, January, and February; not less than 325 p.s.i.g. in
September, October, March, and April; and not less than 260 p.s.i.g. in
May, June, July, and August.
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(5)
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Whispering
Pines delivery pressure shall not exceed 650, but shall be not less than
350 in November, December, January, and February; not less than 325 in
September, October, March, and April; and not less than 260 in May, June,
July, and August.
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(6)
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Deliveries at
Transporter’s South Pueblo Point of Delivery shall be measured at
Transporter’s South Pueblo measurement station, and delivery shall be at
the terminus of Transporter’s pipeline located at Shipper’s regulator
station at the intersection of U.S. Highway 50 and Santa Fe Drive.
Delivery pressure shall be determined at the point of
measurement.
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(7)
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Shipper may
take gas at this Point of Delivery at pressures up to 90 p.s.i.g. when
Transporter has such pressure available.
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A-4
Contract
No. 31050000
Exhibit
“B”
No-Notice Storage
and Transportation Delivery Service Agreement
between
Colorado
Interstate Gas Company
and
Public
Service Company of Colorado
Dated: October 1,
2001
|
Commodity
|
||||||
|
Injection
Rate
|
Fuel
Reimbursement
|
Surcharges
|
||||
|
Storage
Injection
|
(Note
1)
|
(Note
2)
|
(Note
3)
|
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R1
Reservation
|
Commodity
|
|||||||
|
Primary
Point(s) of Delivery
|
Rate
|
Delivery
Rate
|
Term
of Rate
|
Surcharges
|
||||
|
As listed on
Exhibit “A”
|
(Note
1)
|
(Note
1)
|
10/01/01 -
4/30/07
|
(Note
3)
|
||||
NOTES:
|
(1)
|
Unless
otherwise agreed by the Parties in writing, the rates for service
hereunder shall be Transporter’s maximum rates for service under Rate
Schedule NNT-1 or other superseding Rate Schedule, as such rates may
be changed from time to time.
|
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(2)
|
Fuel
Reimbursement shall be as stated on Transporter’s Schedule of Surcharges
and Fees in the Tariff, as they may be changed from time to time, unless
otherwise agreed between the Parties.
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(3)
|
Applicable
Surcharges:
All
applicable surcharges, unless otherwise specified, shall be the maximum
surcharge rate as stated in the Schedule of Surcharges and Fees in the
Tariff, as such surcharges may be changed from time to
time.
|
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Gas
Quality Control Surcharge:
The Gas
Quality Control Reservation Rate and commodity rate shall be assessed
pursuant to Article 20 of the General Terms and Conditions as set
forth in the Tariff.
|
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GRI:
The GRI
Surcharge shall be assessed pursuant to Article 18 of the General
Terms and Conditions as set forth in the Tariff.
|
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|
|
Order
No. 636 Transition Cost Mechanism:
Surcharge(s)
shall be assessed pursuant to Article 21 of the General Terms and
Conditions as set forth in the Tariff.
|
|||
|
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ACA:
The ACA
Surcharge shall be assessed pursuant to Article 19 of the General
Terms and Conditions as set forth in the Tariff.
|
|||
B-1