No Notice Service Agreement between Koch Gateway Pipeline Company and Mississippi Valley Gas Company (Contract No. 16086)
Contract Categories:
Business Operations
›
Services Agreements
Summary
Koch Gateway Pipeline Company and Mississippi Valley Gas Company entered into this agreement for the transportation and storage of natural gas. The contract sets out the terms for delivering, storing, and withdrawing specified quantities of gas at designated points, with obligations for both parties to follow the applicable federal tariff and regulations. The agreement is effective from February 3, 2000, to April 1, 2002, and includes payment terms, quality standards, and legal provisions. Both parties must comply with Texas law, and any changes or assignments require written consent.
EX-10.13(A) 10 d10753exv10w13xay.txt NO NOTICE SERVICE AGREEMENT 16086 EXHIBIT 10.13(a) NO NOTICE SERVICE AGREEMENT PURSUANT TO SECTION 284, SUBPART "G" or "B" between KOCH GATEWAY PIPELINE COMPANY, as KGPC, and MISSISSIPPI VALLEY GAS COMPANY, as CUSTOMER Rate Schedule NNS
(Additional Primary Receipt Points are subject to the provisions of Section 2(b) of the NNS Rate Schedule may be continued on Exhibit A which is hereby incorporated by references.) (Additional Primary Delivery Points are subject to the provisions of Section 2(c) of the NNS Rate Schedule may be continued on Exhibit B which is hereby incorporated by references.) (ALL RECEIPT POINTS ARE AVAILABLE AS SUPPLEMENTAL RECEIPT POINTS) 1/ The MDIQ shall equal the Maximum Storage Quantity divided by (40) forty. 2/ The MDWQ cannot exceed the Seasonal Daily Contract Demand divided by (2) two or quantity in storage. Service hereunder is subject to Subpart G, Section 284,223, Title 18, of the Code of Federal Regulations. THE STANDARD TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE ARE INCORPORATED HEREIN BY REFERENCE. IF YOU ARE IN AGREEMENT WITH THE FOREGOING, PLEASE INDICATE IN THE SPACE PROVIDED BELOW. KGPC Signature: -s- [ILLEGIBLE] Name [ILLEGIBLE] Title: Vice President Date: 2/9/00 CUSTOMER Signature: -s- Sandy Novick Name: Sandy Novick Title: Executive V.P. Date: 2/2/00 NO NOTICE TERMS BELOW: STANDARD TERMS & CONDITIONS 1. CONDITIONS OF SERVICE: Services provided hereunder are subject to and governed by the applicable rate schedule and the General Terms and Conditions of Gulf South's current tariff, as may be revised from time to time, or any effective superseding tariff (Tariff) on file with the Federal Energy Regulatory Commission (FERC). The Tariff is incorporated by reference. In the event of any conflict between this Agreement and the Tariff, the Tariff shall govern as to the conflict. Gulf South shall have the right to interrupt service under this Agreement to the extent permitted by the Tariff. 2. NO NOTICE QUANTITY: Customer may deliver or cause to be delivered to Gulf South at authorized firm Primary and Supplemental Receipt Points and Gulf South agrees to accept at such point(s) quantities of natural gas for transportation to No Notice Delivery Points up to the Seasonal Daily Contract Demand. The Summer Season and Shoulder Month Daily Contract Demand shall not be less than 35% or 50% of the Winter Season Daily Contract Demand. Any variance between monthly allocated receipts and deliveries shall be recorded as a storage withdrawal or injection during such month except to the extent the Customer executes a PAA. Customer may not withdraw from storage on a daily basis more than 50% of its seasonal MDQ. Storage injections during the period April 1 through September 30 (Injection Period) shall be made on a uniform monthly basis to the extent practicable up to the Customer's MSQ. Storage injections under this service made after October 1 of each year shall only be subject to the same injection schedule as FSS during periods when Gulf South has issued an operational flow order due to operational constraints on its system which prevent an NNS customer from making storage injections up to its MDIQ as defined in section 2(g) of this rate schedule. Should CUSTOMER desire a change in the Seasonal Daily Contract Demand. CUSTOMER shall notify Gulf South in writing of the amount of the increase or decrease and of the date CUSTOMER desires the change to become effective. If Gulf South advises it is not agreeable to the changed quantities of gas requested in CUSTOMER's notice, the Contract Demand shall remain unchanged. Gulf South shall review CUSTOMER's request within thirty (30) days subject to the Tariff. Nothing herein shall require Gulf South to install equipment or facilities for new or additional service. 3. QUALITY AND PRESSURE: The gas received and delivered hereunder shall be merchantable and of a quality sufficient to meet the standards in the Tariff. Gas delivered to Gulf South shall be at a delivery pressure adequate to enter Gulf South's facilities and such pressure shall not exceed the Maximum Allowable Operating Pressure. Gulf South shall not be obligated to maintain pressure in excess of the contract delivery pressure shown in Exhibit B or the Maximum Allowable Operating Pressure of Gulf South's system, as set by the appropriate governmental agency, whichever is less. 4. TERM: This Agreement shall become effective as of 9:00 A.M. on the beginning Primary Term Date and continue as stated on the face hereof and month to month thereafter. 5. NNS CHARGES: CUSTOMER shall be obligated to pay Gulf South monthly for the service provided under this Agreement. 6. PAYMENTS: Payment shall be made in compliance with the Tariff. Payments by check shall be made to the remittance address indicated on Gulf South's invoice. Payment by wire transfer shall be to a bank account designated by Gulf South. 7. WAIVER: No waiver by either party of any one or more defaults by the other in the performance of any provisions of this Agreement shall operate or be construed as a waiver of any future default(s), whether of a like or different character. 8. APPLICABLE LAW: THE VALIDITY, CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, THE PARTIES AGREE THAT TEXAS' CHOICE OF LAW RULES MAY NOT BE USED TO DIRECT OR DETERMINE THAT SOME OTHER STATES' LAW SHALL GOVERN A DISPUTE ARISING UNDER THIS AGREEMENT. 9. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and inure to the benefit of the respective heirs, representatives, successors and assigns of the parties hereto. Except as provided in the General Terms and Conditions of the Tariff, neither party may assign, pledge or otherwise transfer or convey its rights, obligations or interests hereunder for any purpose without the prior written consent of the other party, which consent shall not unreasonably be withheld. Any assignment, pledge, transfer or conveyance in breach of this provision is voidable by the non-breaching party. 10. FILINGS: Each party shall make and diligently prosecute, all necessary filings with governmental bodies as may be required for the initiation and continuation of the transportation service subject to this Agreement, as well as inform and, upon request, provide copies to the other party of all filing activities. Gulf South shall have the unilateral right to file with the appropriate regulatory authority and make changes effective in (i) the filed rates and charges applicable under this Rate Schedule, including both the level and design of such rates and charges; and/or (ii) this Rate Schedule and the General Terms and Conditions. Customer shall have the right to protest or contest the aforementioned filings. 11. NOTICES: Routine communications and payments shall be considered delivered when received by ordinary mail. Communications concerning scheduling, curtailments, and changes in nominations shall be made via EDI or the Customer Electronic System or by fax in the event of failure of Gulf South's or the Customer's electronic communication system. CUSTOMER's Dispatcher on the face hereof shall be the recipient on a twenty-four (24) hour basis of all notices regarding scheduling, curtailments, and changes in nominations. Either party shall immediately notify the other of any changes of the designated individuals or addresses herein. All Administration Notices and Accounting Matters: Gulf South Pipeline Company 20 E. Greenway Plaza, Suite 900 Houston, Texas 77046 Attention: Customer Service
