AMENDMENT TO GAS PROCESSING AGREEMENT
Exhibit 10.30
SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPERATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).
AMENDMENT TO GAS PROCESSING AGREEMENT
This Amendment to Gas Processing Agreement (Amendment) is made and entered into this 11th day of December, 2007, by and between Markwest Javelina Company (Processor) and CITGO Refining and Chemicals Company, L.P. (Supplier).
RECITALS
A. Processor and Supplier are parties to that certain Gas Processing Agreement made and entered into effective November 1, 2007 (the Gas Processing Agreement).
B. Processor and Supplier desire to enter into this Amendment to correct and clarify certain inadvertent mutual mistakes and omissions as contained in the Gas Processing Agreement executed by the parties.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:
1. Section 10.1 of the Gas Processing Agreement is hereby amended to delete the date July 1, 2007 and replace it with the date November 1, 2007.
2. The Gas Processing Agreement is hereby amended by deleting Exhibit B attached thereto and replacing it with the complete Exhibit B attached to this Amendment.
3. Except for the foregoing, all other terms and provisions of the Gas Processing Agreement shall remain in full force and effect.
4. This Amendment may be executed in counterparts, each of which shall be deemed an original but which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, this Amendment is executed effective by the parties as of the date hereof.
Supplier:
CITGO REFINING AND CHEMICALS COMPANY, L.P.
By: | /s/ DOYLE P. DOMMERT |
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Name: | Doyle P. Dommert |
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Title: | GM, Petrochemicals |
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Processor:
MARKWEST JAVELINA COMPANY
By: | /s/ FRANK M. SEMPLE |
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Name: | Frank M. Semple |
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Title: | President and CEO |
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EXHIBIT B
Plant Allocation Statement
Statement 1 of Exhibit B
Statement 1
Javelina Plant Allocation
Measurement and Analysis Data
Month, Year
Molecular Analysis
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| Inlet |
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| Inlet |
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| Meter |
| Residue |
| Inlet Gas |
| Meter |
| Residue |
| Inlet Gas |
| ||||
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| #441-207 |
| Meter |
| Gallons |
| Pounds |
| #441-200 |
| Meter |
| Gallons |
| Pounds |
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| Per Mcf |
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| Per Mcf |
| ||||
Hydrogen |
| ** |
| 0.00 | % |
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| ** |
| 0.00 | % |
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Nitrogen |
| ** |
| 0.00 | % |
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| ** |
| 0.00 | % |
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CO1 |
| ** |
| 0.00 | % |
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| ** |
| 0.00 | % |
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CO2 |
| ** |
| 0.00 | % |
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| ** |
| 0.00 | % |
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Methane |
| ** |
| 0.00 | % |
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| ** |
| 0.00 | % |
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Ethane |
| ** |
| 0.00 | % | ** |
| ** |
| ** |
| 0.00 | % | ** |
| ** |
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Ethylene |
| ** |
| 0.00 | % | ** |
| ** |
| ** |
| 0.00 | % | ** |
| ** |
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Propane |
| ** |
| 0.00 | % | ** |
| ** |
| ** |
| 0.00 | % | ** |
| ** |
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Propylene |
| ** |
| 0.00 | % | ** |
| ** |
| ** |
| 0.00 | % | ** |
| ** |
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Iso Butane |
| ** |
| 0.00 | % | ** |
| ** |
| ** |
| 0.00 | % | ** |
| ** |
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Normal Butane |
| ** |
| 0.00 | % | ** |
| ** |
| ** |
| 0.00 | % | ** |
| ** |
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Iso Pentanes |
| ** |
| 0.00 | % | ** |
| ** |
| ** |
| 0.00 | % | ** |
| ** |
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Normal Pentanes |
| ** |
| 0.00 | % | ** |
| ** |
| ** |
| 0.00 | % | ** |
| ** |
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Hexanes |
| ** |
| 0.00 | % | ** |
| ** |
| ** |
| 0.00 | % | ** |
| ** |
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Total |
| ** |
| 0.00 | % | ** |
| ** |
| ** |
| 0.00 | % | ** |
| ** |
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Volume: |
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Mcfs @ 14.65 |
| ** |
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| ** |
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Mmbtus |
| ** |
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| ** |
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Btu Wet |
| ** |
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| ** |
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Dry |
| ** |
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| ** |
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Pro-Rata Share of Inlet Gas Mcfs |
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| ** |
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| ** |
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Combined |
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Volume: |
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Mcfs @ 14.65 |
| ** |
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Mmbtus |
| ** |
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Pro-Rata Share of Inlet Gas Mcfs |
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| ** |
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* All volumes and amounts are fictional and intended for this example only.
EXHIBIT B
Plant Allocation Statement
Statement 2 of Exhibit B
Statement 2
Javelina Plant Allocation
Plant Thermal Reduction "PTR"
Month, Year
|
| Mmbtus |
|
Residue Gas: |
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Theoretical Residue Gas Attributable to Supplier's Off-Gas |
| ** |
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Total Quantity of Theoretical Residue Gas for all Inlet Gas |
| ** |
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Ratio of Supplier's Theoretical Residue Gas |
| ** |
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Actual Residue Gas attributable to All Inlet Gas |
| ** |
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Residue Gas Attributable to Supplier's Off-Gas |
| ** |
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Plant Thermal Reduction "PTR" |
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Inlet 441-207 and Inlet 441-200 |
| ** |
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Residue Gas Attributable to Supplier's Off-Gas |
| ** |
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Refiner's Plant Thermal Reduction PTR |
| ** |
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* All volumes and amounts are fictional and intended for this example only.
EXHIBIT B
Plant Allocation Statement
Statement 3 of Exhibit B
Statement 3
Javelina Plant Allocation
Residue Gas Imbalance
Month, Year
|
| Mmbtus |
|
Allocated Residue |
| ** |
|
Delivered Residue |
| ** |
|
Cumulative Balance Due Refinery/(Javelina) prior to settlement |
| ** |
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Imbalance Settlement |
| ** |
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Balance Due Refinery/(Javelina) after settlement |
| ** |
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Settlement/Imbalance: |
| ** |
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Mmbtus |
| ** |
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Price |
| ** |
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Balance Due Refinery/(Javelina) after settlement |
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Excess Gas Purchase/Sale |
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Mmbtus |
| ** |
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Price |
| ** |
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Balance Due Refinery/(Javelina) after settlement |
| ** |
|
* All volumes and amounts are fictional and intended for this example only.
EXHIBIT B
Plant Allocation Statement
Statement 4 of Exhibit B
Statement 4
Javelina Plant Allocation
Energy Expense Charge
Month, Year
Electricity Cost | ** |
Plant Fuel Cost | ** |
Energy Expense | ** |
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Pro-Rata Share of Inlet Gas Mcfs | ** |
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Energy Expense Charge | ** |
* All volumes and amounts are fictional and intended for this example only.
EXHIBIT B
Plant Allocation Statement
Statement 5 of Exhibit B
Statement 5
Javelina Plant Allocation
Plant Net Proceeds Attributable to Supplier by Refinery and
Credit(s) due Processor on Curtailments
Month, Year
|
| East Refinery |
| West Refinery |
| Total |
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| Weighted |
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| Weighted |
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| Unit of |
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| Average |
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| Average |
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Plant Products |
| Measure |
| Volume |
| Sales Price |
| Value |
| Volume |
| Sales Price |
| Value |
| Value |
|
Ethylene |
| Pounds |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
|
Propylene |
| Pounds |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
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Ethane |
| Gallons |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
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Propane |
| Gallons |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
|
Iso-Butane |
| Gallons |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
|
Normal Butane |
| Gallons |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
|
Pentanes Plus |
| Gallons |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
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Hydrogen |
| Mmbtus |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
| ** |
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Plant Net Proceeds Attributable to Supplier |
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| ** |
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| ** |
| ** |
| ||
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Inlet Mcf |
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| ** |
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| ** |
| ** |
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Monthly Average $ per Mcf |
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| ** |
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| ** |
| ** |
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Supplier's East less West Monthly Average $ per Mcf |
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| ** |
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Volume of Mcf's cutback from East rather than West |
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| ** |
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Value Loss of Cutting Back |
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| ** |
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Processor's POP % |
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| ** |
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Credit due Processor for Supplier's Preferential Curtailment |
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| ** |
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Processor's Economic Loss due to Supplier's Curtailment of Off-Gas as defined in Section 3.2 of Gas Processing Agreement |
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Plant Net Proceeds Attributable to Supplier |
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| ** |
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| ** |
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Inlet Mcf |
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| ** |
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| ** |
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Monthly Average $ per Mcf |
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| ** |
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| ** |
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Mcfs Curtailed |
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| ** |
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| ** |
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Processor's POP % |
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| ** |
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| ** |
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Processor's Economic Loss due to Supplier's Curtailment of Off-Gas |
|
| ** |
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| ** |
| ** |
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* All volumes and amounts are fictional and intended for this example only.
EXHIBIT B
Plant Allocation Statement
Statement 6 of Exhibit B
Statement 6
Javelina Plant Allocation
Supplier Proceeds Calculation
Month, Year
Plant Net Proceeds Attributable to Supplier's Off-Gas | ** |
|
|
Energy Expense Charge | ** |
|
|
Supplier's Net Proceeds | ** |
|
|
Supplier's Proceeds | ** |
Gas Imbalance Settlement | ** |
Excess Gas Purchase/Sale | ** |
Credit due Processor for Supplier's Preferential Curtailment | ** |
Processor's Economic Loss from Supplier Curtailment (Section 3.2) | ** |
|
|
Total Payment Due Supplier (Processor) | ** |
* All volumes and amounts are fictional and intended for this example only.