Firm Gas Transportation Service Agreement between Public Service Company of Colorado and Atmos Energy Corporation
Contract Categories:
Business Operations
›
Supply Agreements
Summary
This agreement, effective May 1, 2003, is between Public Service Company of Colorado and Atmos Energy Corporation. It sets the terms for transporting natural gas on a firm basis from specified receipt points to delivery points, with provisions for backup gas supply if needed. Atmos Energy is responsible for certain equipment costs, and both parties agree to follow the rates and conditions in the Company's gas transportation tariff. The agreement runs through April 30, 2005, and renews annually unless terminated with six months' notice.
EX-10.4(A) 5 d10753exv10w4xay.txt FIRM GAS TRANSPORTATION SERVICE AGREEMENT EXHIBIT 10.4(a) Contract No. 123535 FIRM GAS TRANSPORTATION SERVICE AGREEMENT THIS SERVICE AGREEMENT (Agreement), made and entered into as of this 1st day of May, 2003, by and between Public Service Company of Colorado (Company), a Colorado corporation, having a mailing address of P.O. Box 840, Denver, Colorado, 80202, and Atmos Energy Corporation (Shipper), a Texas corporation, having a mailing address of 700 Three Lincoln Centre, 5430 LBJ Freeway, P.O. Box 650205, Dallas, Texas ###-###-####. Company and Shipper are collectively referred to as the "Parties." THE PARTIES REPRESENT: Shipper has by separate agreement acquired supplies of natural gas, hereinafter referred to as "Shipper's Gas;" Shipper has made the necessary arrangements and/or has entered into separate agreements to cause Shipper's Gas to be delivered to Company's Receipt Point(s) as specified in Exhibit(s) "A- 1" through "C-2;" Shipper has requested and Company agrees to receive and transport Shipper's Gas from the Receipt Point(s) to the Delivery Point(s), as specified in Exhibit(s) "A-l" through "C-2," on a firm capacity basis and, if applicable, to sell gas to Shipper on a firm supply reservation basis; and Shipper assumes responsibility for the installation and maintenance costs for a communication line necessary for electronic metering for the facility(s) specified in Exhibit(s) "A-1," "B-1" and "C-1." THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Shipper acknowledges and agrees that gas transportation service provided hereunder is subject to the terms and conditions of Company's applicable gas transportation tariff as on file and in effect from time to time with the Public Utilities Commission of the State of Colorado (Commission) and such terms and conditions are incorporated herein as part of this Agreement. 2. Rates and Payment: Transportation service, Firm Capacity service and Firm Supply Reservation service provided by Company under this Service Agreement shall be paid for by Shipper at the charges under the standard rate set forth in Company's gas transportation tariff unless otherwise specified in Exhibit(s) "A-l" through "C-2." Applicable facility charges shall be paid at the rate set forth in Company's Gas Transportation Tariff unless otherwise specified in Exhibit(s) "A-l" through "C-2." 3. Back-up Supply Sales Service: In the event that adequate supplies of Shipper's gas are not available for receipt by Company, Company shall sell to Shipper sufficient quantity(s) of natural gas as necessary to meet Shipper's backup natural gas supply needs, up to the Total Peak Day Quantity for the Firm Supply Reservation Service (if any) as specified in Exhibit(s) "A-l" through "C-2," but in no event greater at any Delivery Point than the Firm Capacity Peak Day Quantity at such Delivery Point as specified in Exhibit(s) "A-l" through "C-2," except as provided for in paragraph 11 hereof. If Shipper does not purchase Firm Supply Reservation Service or exceeds the Firm Supply Reservation Quantity, Shipper may nominate and purchase from Company Back-up Supply Sales Service on an interruptible basis, to the extent such Back-up Supply Sales Service is available, in the event that adequate supplies of Shipper's Gas are not available for receipt by Company. Applicable charges shall be as set forth in Company's tariff. 4. Quality: Gas delivered by the Shipper or for the Shipper's account at the Receipt Point(s) as specified in Exhibit(s) "A-l" through "C-2" shall conform to the specifications for gas as specified in Exhibit "D" and Exhibit "E." 5. Term - Effective Date: Service hereunder shall commence effective May 1, 2003 and, unless otherwise mutually agreed, shall continue through April 30, 2005 and from year to year thereafter until terminated by either party effective upon the expiration of the initial term or May 1 of any succeeding year upon six (6) months written notice. 6. Notices: Except as otherwise provided, any notice or information that either party may desire to give to the other regarding this agreement shall be in writing to the following address, or to such other address as either of the parties shall designate in writing. COMPANY: SHIPPER: Payments Only: Atmos Energy Corporation Xcel Energy P.O. Box 650205 P.O. Box 9477 Dallas, Texas ###-###-#### Denver, Colorado 80217-0230 Invoices only: Phone: (303 ###-###-#### Attn: Gas Purchase Accounting Dept. Fax: (303 ###-###-#### Phone: (972 ###-###-#### Fax: (214 ###-###-#### Contracts and Notices: Attn: Contract Administration Phone: (972 ###-###-#### Fax: (972 ###-###-#### E-Mail Capacity Overrun Notification: Attn: Phil Davis ***@*** All Others: Xcel Energy All Others: 550 15th Street Atmos Energy Corporation Suite 500 Attn: Gas Supply Dept Denver, Colorado 80202 1301 Pennsylvania, Suite 800 Attn: Unit Manager, Gas Transportation Denver, Colorado 80203-5014 Phone: (303 ###-###-#### Phone: (303 ###-###-#### Fax: (303 ###-###-#### Fax: (303 ###-###-#### - 2 - Routine communications, including monthly statements and payments, shall be considered as duly delivered or furnished three (3) days after being mailed or when transmitted electronically. 7. Assignment - Consent: This Service Agreement shall not be assigned by either party hereto without the prior written consent of the other party. Consent for assignment of this Service Agreement shall not be unreasonably withheld by or from either party. 8. Cancellation of Prior Agreement: This Service Agreement supersedes, cancels and terminates, as of the date of this Service Agreement, the following agreements and any amendments thereto: Gas Transportation Service Agreement, dated 11/1/98 (Document No. 123535), between Greeley Gas Company, a division of Atmos Energy Company and Public Service Company of Colorado 9. Maximum Capacity by Zone: (a) Administrative circumstances require the separation of electronically metered and non-electronically metered volumes into two separate Exhibits covering the same regional area, as reflected in the attached Exhibit "A-l" (Electronically Metered Front Range) and Exhibit "A-2" (Non-Electronically Metered Front Range), Exhibit "B-l" (Electronically Metered Southern) and Exhibit "B-2" (Non-Electronically Metered Southern(, and Exhibit "C-l" (Electronically Metered Western) and Exhibit "C-2" (Non-Electronically Metered Western). When electronic measurement facilities are installed and their proper operation is mutually agreed to by both parties for any Delivery Point identified on any Non-Electronically Metered Exhibit A-2, B-2 and C-2 attached hereto, such Delivery Point, its associated Peak Day Quantity and allocable Receipt Point Capacity shall be transferred to the applicable Electronically Metered Exhibit effective the first day of the following month. (b) Transporter shall make available firm transportation service hereunder up to the maximum contracted volume by Zone reflected on Exhibits A-3, B-3 and C-3 attached hereto. A Zone is an operationally contiguous segment of Company's delivery system within an Exhibit area. A Zone may contain Delivery Points from both Electronically and Non-Electronically Metered Exhibits, i.e., the Front Range Area Zones 1,2,3,4 and 5, comprised of Delivery Points under Exhibits "A-l" and "A-2", the Southern Area Zones 1, 2 and 3, comprised of Delivery Points under Exhibit "B-l" and "B-2", and the Western Area Zones 1, 2 and 3, comprised of Delivery Points under Exhibits "C-1" and "C-2". Exhibits A-3, B-3 and C-3 attached hereto identify the Zones and associated Delivery Point and Peak Day Quantities available to Shipper hereunder. 10. Delivery Point Peak Day Quantity: (a) The Delivery Points reflected in the attached Exhibits "A-l" through "C-2" are interconnections between Company's pipeline system and Shipper's downstream natural gas facilities and the parties recognize the mutual operational benefits of providing for flexibility in coordinating gas flows at each of these Delivery Points. The Peak Day Quantities identified in the attached Exhibits "A-l" through "C-2" represent Shipper's current and best information of - 3 - Delivery Point peaking volumes. Shipper and Company agree that the parties will reevaluate these volumes on a periodic basis, but at least once annually, to determine if and at what level any adjustments to the individual Delivery Point Peak Day Quantities are needed. Company does not guarantee its ability to make firm deliveries for quantities in excess of the individual Delivery Point Peak Day Quantities identified on the above referenced Exhibits. Requests for increased capacity shall be subject to the terms of Company's tariff. (b) (i) On a monthly basis, Company will review the actual deliveries made to these points and, provided the total volumes delivered within a Zone do not exceed the total contracted-for volume applicable to the corresponding Delivery Points within the Zone, Company will authorize any volume exceeding the Delivery Point Peak Day Quantity as authorized overrun gas; provided, however, in no event shall any volume at any Delivery Point ever exceed the design capacity of Company's facilities for such point. Should delivered volumes at any Delivery Point consistently exceed the Peak Day Quantity for that point, Shipper will request and Company will accept, subject to available capacity, an increase in the contracted-for Peak Day Quantity at the specified Delivery Point. In increasing the contracted volume at a Delivery Point, Shipper may shift volumes from other Delivery Point(s) within the same Zone if volumes delivered at such other Delivery Point(s) do not exceed their established maximum Peak Day Quantities. During quarterly meetings, Company and Shipper shall review Delivery Points which have exceeded Peak Day Quantities and, if the Parties agree that such overrun(s) are recurring or are expected to be recurring, Shipper shall request an increase to the Delivery Point Peak Day Quantity. (ii) If on any day total deliveries within a Zone exceed the combined Peak Day Quantities of Delivery Points within the Zone, Company shall provide Shipper with written notification of such overrun and, subject to available capacity, the increase in Delivery Point Peak Day Quantity(s) that will be implemented to increase the Zone combined Peak Day Quantities to the actual maximum day usage. Within ten business days following such written notification, Shipper may request and Company will authorize, subject to available capacity, revision(s) in the Peak Day Quantity(s) for the Delivery Point(s) identified by the Company in said notification in order that the combined Zone Peak Day Quantity shall be equal to the maximum daily usage experienced for that Zone. Unless otherwise agreed to by the parties, the new Peak Day Quantities shall become effective the first day of the month following the month in which the Zone overrun occurred. If Company, in its sole opinion, determines that sufficient firm capacity is unavailable for any such requested increase, then Company shall provide written notification to Shipper of the Company's denial of Shipper's requested increase of firm capacity. Any unauthorized quantities in excess of the maximum Zone capacity occurring after such written notification shall be deemed unauthorized overrun gas, subject to unauthorized overrun capacity charges as set forth in Company's tariff. (c) If, pursuant to any applicable state law or administrative action, order, or regulation Shipper restructures its gas utility services to provide unbundled gas sales and transportation services to some or all of its customers, and such restructuring results in Shipper holding Peak Day Quantities under this Agreement in excess of that required to provide service to the markets served by Shipper using the gas transportation service provided under this Agreement subsequent to such restructuring ("Excess Capacity"), Shipper shall have the right to reduce the Peak Day Quantities hereunder by the quantity of such Excess Capacity to the extent Shipper is unable, - 4 - through the use of its best efforts, to assign any of such Excess Capacity to third parties or to acquire the necessary regulatory approvals to permit Shipper to recover the costs of such Excess Capacity through its service rates or charges. Any such reduction to the Peak Day Quantities hereunder shall become effective upon the implementation date of Shipper's restructuring of services. If Shipper elects to exercise its right to reduce Peak Day Quantities hereunder pursuant to this subsection, Shipper shall provide Company at least ninety (90) days prior written notice of such election. 11. Because daily usage information is unavailable until the succeeding month for non-electronically metered Delivery Points, for all Delivery Points listed on Exhibits "A-2," "B-2" and "C-2," Shipper will nominate transportation volumes based on all infonnation Shipper deems appropriate including but not limited to historic usage information and projected load requirements utilizing anticipated weather conditions. Therefore, imbalances accrued with respect to such non-electronically metered Delivery Points are exempt from only the current-month balancing provisions of Company's Tariff as they would apply to this Agreement, so long as there is no determination by the Colorado Public Utilities Commission that such an exemption is unlawful. 12. Exhibit(s) and Addendums: All exhibits attached hereto are incorporated into the terms of this Agreement. 13. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have executed this Firm Gas Transportation Service Agreement as of the day and year first above written. COMPANY: SHIPPER: PUBLIC SERVICE COMPANY ATMOS ENERGY CORPORATION OF COLORADO /s/ Cynthia A. Evans /s/ Gary Schlessman - ----------------------------------- ------------------------------------- By Cynthia A. Evans By Gary Schlessman Vice President President, Colorado-Kansas Division Reviewed Legal Taxpayer ID. No. 84-0296600 Taxpayer I.D. No. 75-1743247 - 5 - Contract No.: 123535 Effective Date Of Agreement: 5/01/2003 Effective Date of Exhibit: 5/01/2003 EXHIBIT "A-l" ELECTRONICALLY METERED FRONT RANGE TO THE FIRM TRANSPORTATION SERVICE AGREEMENT BETWEEN ATMOS ENERGY CORPORATION (Shipper) AND PUBLIC SERVICE COMPANY OF COLORADO (Company) 1. PRIMARY RECEIPT POINT(S)
2. FIRM CAPACITY SERVICE - DELIVERY POINT(S)
Total Firm Capacity Reservation Peak Day Quantity: 38,198 Dth 3. FIRM SUPPLY RESERVATION SERVICE Total Firm Supply Reservation Quantity available for delivery to all of Shipper's Delivery Points as may be nominated from time to time under contract numbers 123535 and 177473: 3,005 Dth Contract No.: 123535 Effective Date of Agreement: 5/01/2003 Effective Date of Exhibit: 5/01/2003 EXHIBIT "A-2" NON-ELECTRONICALLY METERED FRONT RANGE TO THE FIRM TRANSPORTATION SERVICE AGREEMENT BETWEEN ATMOS ENERGY CORPORATION (Shipper) AND PUBLIC SERVICE COMPANY OF COLORADO (Company) 1. PRIMARY RECEIPT POINT(S)
2. FIRM CAPACITY SERVICE - DELIVERY POINT(S)
Total Firm Capacity Reservation Peak Day Quantity: 3,802 Dth Contract No.: 123535 Effective Date Of Agreement: 5/01/2003 Effective Date of Exhibit: 5/01/2003 EXHIBIT "A-3" - FRONT RANGE ZONES TO THE FIRM TRANSPORTATION SERVICE AGREEMENT BETWEEN ATMOS ENERGY CORPORATION (Shipper) AND PUBLIC SERVICE COMPANY OF COLORADO (Company)
Contract No.: 123535 Effective Date Of Agreement: 5/01/2003 Effective Date of Exhibit: 5/01/2003 EXHIBIT "A-3" - FRONT RANGE ZONES continued
Contract No.: 123535 Effective Date of Agreement: 5/01/2003 Effective Date of Exhibit: 5/01/2003 EXHIBIT "B-l" ELECTRONICALLY METERED SOUTHERN TO THE FIRM TRANSPORTATION SERVICE AGREEMENT BETWEEN ATMOS ENERGY CORPORATION (Shipper) AND PUBLIC SERVICE COMPANY OF COLORADO (Company) 1. PRIMARY RECEIPT POINT(S)
2. FIRM CAPACITY SERVICE - DELIVERY POINT(S)
Total Firm Capacity Reservation Peak Day Quantity: 6,405 Dth Contract No.: 123535 Effective Date Of Agreement: 5/01/2003 Effective Date of Exhibit: 5/01/2003 EXHIBIT "B-2" NON-ELECTRONICALLY METERED SOUTHERN TO THE FIRM TRANSPORTATION SERVICE AGREEMENT BETWEEN ATMOS ENERGY CORPORATION (Shipper) AND PUBLIC SERVICE COMPANY OF COLORADO (Company) 1. PRIMARY RECEIPT POINT(S)
2. FIRM CAPACITY SERVICE - DELIVERY POINT(S)
Total Firm Capacity Reservation Peak Day Quantity: 795 Dth Contract No.: 123535 Effective Date Of Agreement: 5/01/2003 Effective Date of Exhibit: 5/01/2003 EXHIBIT "B-3" SOUTHERN ZONES TO THE FIRM TRANSPORTATION SERVICE AGREEMENT BETWEEN ATMOS ENERGY CORPORATION (Shipper) AND PUBLIC SERVICE COMPANY OF COLORADO (Company)
Contract No.: 123535 Effective Date Of Agreement: 5/01/2003 Effective Date of Exhibit: 5/01/2003 EXHIBIT "C-l" ELECTRONICALLY METERED WESTERN TO THE FIRM TRANSPORTATION SERVICE AGREEMENT BETWEEN ATMOS ENERGY CORPORATION (Shipper) AND PUBLIC SERVICE COMPANY OF COLORADO (Company) 1. PRIMARY RECEIPT POINT(S)
2. FIRM CAPACITY SERVICE - DELIVERY POINT(S)
Total Firm Capacity Reservation Peak Day Quantity: 11,864 Dth Contract No.: 123535 Effective Date Of Agreement: 5/01/2003 Effective Date of Exhibit: 5/01/2003 EXHIBIT "C-2" NON-ELECTRONICALLY METERED WESTERN TO THE FIRM TRANSPORTATION SERVICE AGREEMENT BETWEEN ATMOS ENERGY CORPORATION (Shipper) AND PUBLIC SERVICE COMPANY OF COLORADO (Company) 1. PRIMARY RECEIPT POINT(S)
2. FIRM CAPACITY SERVICE - DELIVERY POINT(S)
Total Firm Capacity Reservation Peak Day Quantity: 469 Dth Contract No.: 123535 Effective Date Of Agreement: 5/01/2003 Effective Date of Exhibit: 5/01/2003 EXHIBIT "C-3" WESTERN ZONES TO THE FIRM TRANSPORTATION SERVICE AGREEMENT BETWEEN ATMOS ENERGY CORPORATION (Shipper) AND PUBLIC SERVICE COMPANY OF COLORADO (Company)
Contract No.: 123535 Effective Date Of Agreement: 5/01/2003 Effective Date of Exhibit: 5/01/2003 EXHIBIT "D" GAS UTILIZATION CURVES Stabilized Utilization Curve Public Service Company of Colorado STABILIZED UTILIZATION CURVE [GRAPH SHOWING STABILIZED UTILIZATION CURVE] The Utilization Curve is a general representation of the natural gas quality which is acceptable from a utilization standpoint. However, the gas composition must be known in order to determine if a supply is acceptable and can be interchanged with supplies in a pipeline system. PSCo reserves the right in all instances to evaluate gas composition to determine system compatibility and to refuse any gas which is unacceptable from a utilization basis. Contract No.: 123535 Effective Date Of Agreement: 5/01/2003 Effective Date of Exhibit: 5/01/2003 EXHIBIT "E" GAS UTILIZATION CURVES General Utilization Curve Public Service Company of Colorado GENERAL UTILIZATION CURVE [GRAPH SHOWING GENERAL UTILIZATION CURVE] The Utilization Curve is a general representation of the natural gas quality which is acceptable from a utilization standpoint. However, the gas composition must be known in order to determine if a supply is acceptable and can be interchanged with supplies in a pipeline system. PSCo reserves the right in all instances to evaluate gas composition to determine system compatibility and to refuse any gas which is unacceptable from a utilization basis.