EX-10.52 11 g86837exv10w52.txt EX-10.52 Exhibit 10.52 SERVICE AGREEMENT NO. 39304 CONTROL NO. 930905-272 NTS SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 1st day of November, 1993, by and between COLUMBIA GULF TRANSMISSION COMPANY ("Seller") and NORTH CAROLINA NATURAL GAS CORPORATION ("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 NTS 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No. 1 (Tariff), on file with the Federal Energy Regulatory Commission (Commission), as the same may be amended or superseded in accordance with the rules and regulations of the Commission.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 01, 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 Post Office Box 1273, Charleston, West Virginia 25325-1273, Attention: Director, Transportation and Exchange and notices to Buyer shall be addressed to it at 150 Rowan Street, P O Box 909,Fayetteville, NC 28302, Attention: President, until changed by either party by written notice. SERVICE AGREEMENT NO. 39304 CONTROL NO. 930905-272 NTS SERVICE AGREEMENT (Cont'd) 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: CDS Service Agreement No. 36065, effective November 1, 1989, as it may have been amended, providing for a bundled sales, transportation and storage service under the CDS Rate Schedule. The terms of Service Agreement No. 39304 shall become effective as of the effective date hereof, however, the parties agree that neither the execution nor the performance of Service Agreements 39304 shall prejudice any recoupment or other rights that Buyer may have under or with respect to the above-referenced Service Agreements. Section 6. Conversion. Buyer may convert all or a portion of its service under the NTS Rate Schedule to an equivalent level of Transportation Demand under Seller's FTS Rate schedule by providing at least twelve month's written notice (Notice Period) of Buyer's intent to convert; provided that the conversion shall be effective concurrently with the effective date of revised rates pursuant to Seller's first general rate filing under Section 4(e) of the Natural Gas Act following the Notice Period. The converted FTS service agreement shall contain the same receipt and delivery points, MDDOs (or applicable portion) and delivery pressure requirement (if applicable) as those in effect under the NTS service agreement on the date of termination. This conversion option shall expire on and any notice by buyer hereunder must be submitted to Seller by October 31, 1995. NORTH CAROLINA NATURAL GAS CORP COLUMBIA GAS TRANSMISSION CORPORATION By: /s/ Gerald A. Teele By: /s/ George E. Shriver -------------------- --------------------- Title: Senior Vice President Title: Director T&E Revision No. Control No. 1993-09 05 - 0272 Appendix A to Service Agreement No. 39304 Under Rate Schedule FS Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION And (Buyer) NORTH CAROLINA NATURAL GAS CORP Transportation Demand 10,000 Dth/day Primary Receipt Points
Scheduling Scheduling Measuring Measuring Maximum Daily Point No. Point Name Point No. Footnote Point Name Quantity (Dth/Day) --------- ---------- --------- -------- ---------- ------------------ 801 TCO-LEACH 801 10,000
Revision No. Control No. 1993-00 05 - 0272 Appendix A to Service Agreement No. 39304 Under Rate Schedule FTS Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION And (Buyer) NORTH CAROLINA NATURAL GAS CORP Primary Delivery Points
Scheduling Scheduling Measuring Measuring Maximum Daily Point No. Point Name Point No. FOOTNOTE Point Name Quantity (Dth/Day) --------- ---------- --------- -------- ---------- ------------------ 30 NC NC Natural Gas 30 NC 10,000
Revision No. Control No. 1993-09 05 - 0272 Appendix A to Service Agreement No. 39304 Under Rate Schedule FTS Between (Seller) COLUMBIA GAS TRANSMISSION CORPORATION And (Buyer) NORTH CAROLINANATURAL GAS CORP The Master List of Interconnects (MLI) as defined in Section 1 of the General Terms and Conditions of Seller's Tariff is incorporated herein by reference for the purposes of listing valid secondary interruptible receipt points and delivery points. Service changes pursuant to this Appendix shall become effective as of November 01, 1993. 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. NORTH CAROLINA NATURAL GAS CORP By /s/ Gerald A. Teele ------------------- Its Senior Vice President Date November 24, 1993 COLUMBIA GAS TRANSMISSION CORPORATION By /s/ George E. Shiver -------------------- Its Director T&E Date 12/2/93