EX-99.1 6 a19-6499_1ex99d1.htm EX-99.1

Exhibit 99.1

 

Contract ID.: FT19214

Amendment No: 1

 

FORM OF TRANSPORTATION SERVICE AGREEMENT

 

This Transportation Service Agreement (Agreement) is entered into by Great Lakes Gas Transmission Limited Partnership (Transporter) and ANR Pipeline Company (Shipper).

 

WHEREAS, Shipper has requested Transporter to transport Gas on its behalf and Transporter represents that it is willing to transport Gas under the terms and conditions of this Agreement.

 

NOW, THEREFORE, Transporter and Shipper agree that the terms below constitute the transportation service to be provided and the rights and obligations of Shipper and Transporter.

 

1.              EFFECTIVE DATE: November 01, 2021

 

2.              CONTRACT IDENTIFICATION: FT19214

 

3.              RATE SCHEDULE: FT

 

4.              SHIPPER TYPE: Other

 

5.              STATE/PROVINCE OF INCORPORATION: Delaware

 

6.              TERM: November 01, 2021 to October 31, 2036

 

Right of First Refusal:

 

Regulatory (in accordance with Section 6.16 of the General Terms and Conditions of Transporter’s FERC Gas Tariff)

 

7.              EFFECT ON PREVIOUS CONTRACTS:

 

This Agreement supersedes, cancels and terminates, as of the effective date stated above, the following contract(s): Service Agreement dated April 16, 2018 with Contract Identification FT19214.

 

8.              MAXIMUM DAILY QUANTITY (Dth/Day):

Please see Appendix A for further detail.

 

9.              RATES:

 

Unless Shipper and Transporter have agreed to a rate other than the maximum rate, rates shall be Transporter’s maximum rates and charges plus all applicable surcharges in effect from time to time under the applicable Rate Schedule (as stated above) on file with the Commission unless otherwise agreed to by the parties in writing. Provisions governing a Rate other than the maximum shall be set forth in this Paragraph 9.

 

 

10.       POINTS OF RECEIPT AND DELIVERY:

 

The primary receipt and delivery points are set forth on Appendix A.

 

11.       RELEASED CAPACITY: N/A

 

12.       INCORPORATION OF TARIFF INTO AGREEMENT:

 

This Agreement shall incorporate and in all respects be subject to the “General Terms and Conditions” and the applicable Rate Schedule (as stated above) set forth in Transporter’s FERC Gas Tariff, Third Revised Volume No. 1, as may be revised from time to time. Transporter may file and seek Commission approval under Section 4 of the Natural Gas Act (NGA) at any time and from time to time to change any rates, charges or provisions set forth in the applicable Rate Schedule (as stated above) and the “General Terms and Conditions” in Transporter’s FERC Gas Tariff, Third Revised Volume No. 1, and Transporter shall have the right to place such changes in effect in accordance with the NGA, and this Agreement shall be deemed to include such changes and any such changes which become effective by operation of law and Commission Order, without prejudice to Shipper’s right to protest the same.

 

13.       MISCELLANEOUS:

 

No waiver by either party to this Agreement of any one or more defaults by the other in the performance of this Agreement shall operate or be construed as a waiver of any continuing or future default(s), whether of a like or a different character.

 

Any controversy between the parties arising under this Agreement and not resolved by the parties shall be determined in accordance with the laws of the State of Michigan.

 

14.       OTHER PROVISIONS (As necessary):

 

It is agreed that no personal liability whatsoever shall attach to, be imposed on or otherwise be incurred by any Partner, agent, management official or employee of the Transporter or any director, officer or employee of any of the foregoing, for any obligation of the Transporter arising under this Agreement or for any claim based on such obligation and that the sole recourse of Shipper under this Agreement is limited to assets of the Transporter.

 

Upon termination of this Agreement, Shipper’s and Transporter’s obligations to each other arising under this Agreement, prior to the date of termination, remain in effect and are not being terminated by any provision of this Agreement.

 

 

Transporter and Shipper agree that, pursuant to Section 6.2.1(h) of the General Terms and Conditions, this Agreement is subject to a Reduction Option as herein described:

 

Upon written notice to Transporter, Shipper shall have a Reduction Option:

 

1) At any time on or before April 1, 2020 for any reason, and

 

2) Any time before April 1, 2021, to the extent necessary due to the failure or inability to secure all applicable federal, state, and local governmental and regulatory approval(s) related to an anticipated expansion project.

 

If Shipper invokes this Reduction Option, it may reduce all or a portion of the contractual MDQ associated with this Agreement, and/or terminate this Agreement earlier than 10/31/2036.

 

15.       NOTICES AND COMMUNICATIONS:

 

All notices and communications with respect to this Agreement shall be in writing by mail, e-mail, or other means as agreed to by the parties, and sent to the addresses stated below or to any other such address(es) as may be designated in writing by mail, e-mail, or other means similarly agreed to:

 

ADMINISTRATIVE MATTERS:

 

 

 

 

 

Great Lakes Gas Transmission Limited Partnership

 

ANR Pipeline Company

Commercial Operations

 

700 Louisiana St., Suite 700

700 Louisiana Street, Suite 700

 

Houston, TX 77002-2700

Houston, TX 77002-2700

 

Attn: Pearline McMahon

 

AGREED TO BY:

 

GREAT LAKES GAS TRANSMISSION LIMITED PARTNERSHIP

 

ANR Pipeline Company

By:

Great Lakes Gas Transmission Company

 

 

 

 

 

 

 

 

 

 

 

By:

 

By:

/s/ Jasmin Bertovic

 

 

 

Jasmin Bertovic

Title:

 

Title:

Vice President

 

 

 

 

 

Legal

 

 

 

 

RB

 

 

 

 

2-26-19

 

 

 

 

Date

 

 

APPENDIX A
CONTRACT IDENTIFICATION: FT19214

 

 

Date: November 01, 2021

 

Supersedes Appendix Dated: April 16, 2018

 

Shipper: ANR Pipeline Company

 

Maximum Daily Quantity (Dth/Day) per Location:

 

 

 

 

 

Point(s)

 

Point(s)

 

 

 

Begin

 

End

 

of Primary

 

of Primary

 

 

 

Date

 

Date

 

Receipt

 

Delivery

 

MDQ

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EMERSON

 

FORTUNE

 

 

 

11/1/2021

 

10/31/2036

 

RECEIPT

 

LAKE

 

160,000