Gas Transportation Service Agreement between Northwestern Public Service and Dakota Ethanol, LLC

Summary

Northwestern Public Service and Dakota Ethanol, LLC have entered into an agreement for the transportation of natural gas to Dakota Ethanol's facility in Wentworth, South Dakota. The agreement is effective for an initial term of 10 years, with an option for Dakota Ethanol to extend for another 10 years at the same rate, and continues year-to-year unless terminated with six months' notice. The contract outlines the negotiated rates, service quantities, and key risks associated with gas transportation. Rates and terms may be updated in accordance with regulatory changes or mutual agreement.

EX-10.14 19 a2055520zex-10_14.txt EXHIBIT 10.14 NORTHWESTERN PUBLIC SERVICE - SOUTH DAKOTA SERVICE REQUEST FORM This form shall constitute the Customer's Agreement to the terms of the Gas Transportation Tariff. The Company shall have the right, to file for, and seek approval by the South Dakota Public Utilities Commission of, changes in rates, charges or other tariff provisions applicable to service hereunder and to place such changes in effect in accordance with applicable law; and this Agreement shall be deemed to have been amended to include such changes and any other changes which become effective by operation of law or by order of any governmental body with jurisdiction. This agreement shall become effective as of INITIAL START-UP PLANT, and shall be in effect for a primary term of 10 year(s) from such date, with a 10 year rollover right at the same rate exercisable by Dakota Ethanol, and from year to year thereafter, unless and until terminated by either party upon six (6) months' written notice. CUSTOMER NAME: DAKOTA ETHANOL - LLC ----------------------- CUSTOMER ACCOUNT NUMBER: SIC CODE: 2869 ----------------------------------- NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE: 325193 --------- CUSTOMER ADDRESS - GAS DELIVERY POINT: WENTWORTH, SD ---------------- CUSTOMER ADDRESS - NOTICES: P.O. BOX 100 WENTWORTH, SD 57075 ----------------------------------- CUSTOMER ADDRESS - INVOICES: P.O. BOX 100 WENTWORTH, SD 57075 ----------------------------------- CUSTOMER CONTACT: ROB BROIN/STEVE SERSHEN TITLE: V. P. -------------------------- --------- PHONE: 605 ###-###-#### FAX: 605 ###-###-#### ------------- -------------- RECEIPT POINT (NWPS TBS): LAKE MADISON -------------- DELIVERY POINT: DAKOTA ETHANOL ---------------- METER NUMBER(S): PREVIOUS RATE DESIGNATION(S): N/A ----- SERVICE QUANTITY: THERMS/DAY 42,000 FIRM TRANSPORTATION: THERMS/DAY DAILY BALANCING: THERMS/DAY STANDBY SUPPLY THERMS/DAY NORTHWESTERN PUBLIC SERVICE - SOUTH DAKOTA SERVICE REQUEST FORM PRICING: From time to time, Customer and Company shall negotiate a rate and term of transportation which shall be by purchase nomination order in the form which is attached as Exhibit A and incorporated by reference in this Agreement. Service Qualifications: The Company is notifying Customers who have elected Gas Transportation Service of the risks of transportation reasonably known at the time the Customer begins transporting gas. The Customer hereby understands it may be subject to risks which include, but may not be limited to, the following: 1) The Company may not have firm or interruptible gas sales service available if the Customer seeks to purchase gas from the Company; 2) The Customer may be subject to pipeline penalties assessed to the Company which are caused by the Customer consuming the Company's gas with no authority to do so; and 3) If the Customer elects to discontinue transporting gas and if the Company is able to secure a source of gas supply and transportation for the Customer, the cost of such gas and transportation may exceed the cost of gas being purchased by the Company's other Customers. IN WITNESS WHEREOF, the Parties hereto have executed this Service Request Form as of the day and year set forth below. Company Customer Northwestern Public Service Dakota Ethanol - LLC -------------------- By: /s/ Glen Hen By: /s/ Jeff Broin ------------------------- ------------------------ Title: Vice President Title: Vice Chairman --------------------- --------------------- Date: 8/10/00 Date: 8-25-00 ---------------------- ---------------------- NORTHWESTERN PUBLIC SERVICE - SOUTH DAKOTA SERVICE REQUEST FORM EXHIBIT "A" GAS TRANSPORTATION TARIFF PURCHASE NOMINATION ORDER This Purchase Nomination Order ("PNO") is made and entered into by and between Customer and Company. This PNO is pursuant to and in accordance with the provisions of the Agreement for Gas Transportation Tariff executed between the Parties and Company's Gas Transportation Tariff as on file with and made effective by the South Dakota Public Utilities Commission. TELECOPY TO: Dakota Ethanol ATTENTION: Steve Sershen Telephone: 605 ###-###-#### Telecopier: 605 ###-###-#### RATES: Transportation: $0.12 per MMBtu transported (Up to 1,533,000 MMBtu/Yr.) Total maximum annual cost equals $183,960 unless capital improvements are required. Others: Customer Charge - SDPUC Rate No. 87B tariff No NorthWestern Pubic Service fuel retention Please acknowledge the terms outlined above by signing below, and return via facsimile to ###-###-####. ------------ NorthWestern Public Service DAKOTA ETHANOL -LLC "Company" ------------------- "Customer" /s/ Glen Hen 8/10/00 /s/ Jeff Broin 8/25/00 - ------------------------------------ ---------------------------------------- Name Date Name Date