SERVICE AGREEMENT NO. 49790 CONTROL NO. 1995-04-30 0081 SST SERVICE AGREEMENT

Exhibit 10.6

		SERVICE AGREEMENT NO. 49790
		CONTROL NO. 1995-04-30 — 0081

SST SERVICE AGREEMENT

THIS AGREEMENT, made and entered into this 20th day of November, 1995, by and between:

COLUMBIA GAS TRANSMISSION CORPORATION
(“SELLER”)
AND
PENN FUEL GAS, INC.
(“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 SST 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No. 1 (Tariff), on file with the Federal Energy Regulatory Commission (Commission), as the same may be amended or superseded in accordance with the rules and regulations of the Commission.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, 1998, or upon completion of facilities and shall continue in full force and effect until OCTOBER 31, 2013, and from YEAR-to-YEAR thereafter unless terminated by either party upon 2 YEARS’ 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 ###-###-####, Attention: Manager — Agreements Administration and notices to Buyer shall be addressed to it at:

PENN FUEL GAS, INC.
ATTN: VP GAS SUPPLY
55 SOUTH 3RD STREET
OXFORD, PA 19363

until changed by either party by written notice.

		SERVICE AGREEMENT NO. 49790
		CONTROL NO. 1995-04-30 — 0081

SST SERVICE AGREEMENT

Section 5. Superseded Agreements. This Service Agreement supersedes and cancels, as of the effective date hereof, the following Service Agreements: N/A.

PENN FUEL GAS, INC.
By:		/s/ Terry H. Hunt
Name:		Terry H. Hunt
Title:		President and CEO
Date:		November 14, 1995
COLUMBIA GAS TRANSMISSION CORPORATION
By:		/s/ Stephen M. Warnick
Name:		Stephen M. Warnick
Title:		Vice President
Date:		November 20, 1995

		Revision No.
		Control No. 1995-04-[ILLEGIBLE] — 0081

Appendix A to Service Agreement No. 49790
Under Rate Schedule sst

Between (Seller) columbia gas transmission corporation
        and (Buyer) penn fuel gas, inc.

October through March Transportation Demand			138			Dth/day
April through September Transportation Demand			69			Dth/day

Primary Receipt Points

Scheduling		Scheduling		Maximum Daily
Point No.		Point Name		Quantity (Dth/Day)
STOW		STORAGE WITHDRAWALS			138

		Revision No.
		Control No. 1995-04-[ILLEGIBLE] — 0081

Appendix A to Service Agreement No. 49790
Under Rate Schedule sst

Between (Seller) columbia gas transmission corporation
        and (Buyer) penn fuel gas, inc.

Primary Delivery Points

Maximum S1/

Delivery

Maximum Daily

Pressure

Scheduling

Scheduling

Measuring

Measuring

Delivery Obligation

Obligation

Point No.

Point Name

Point No.

Footnote

Point Name

(Dth/Day)

(PSIG)

56

PENN FUEL OP-04

600016

OXFORD SOUTH

138

75

		Revision No.
		Control No. 1995-04-[ILLEGIBLE] — 0081

Appendix A to Service Agreement No. 49790
Under Rate Schedule sst

Between (Seller) columbia gas transmission corporation
        and (Buyer) penn fuel gas, inc.

S1		/		IF A MAXIMUM PRESSURE IS NOT SPECIFICALLY STATED, THEN SELLER’S OBLIGATION SHALL BE AS STATED IN SECTION 13 (DELIVERY PRESSURE) OF THE GENERAL TERMS AND CONDITIONS.
GFNT		/		THIS SERVICE AGREEMENT AND ITS EFFECTIVENESS ARE SUBJECT TO A PRECEDENT AGREEMENT BETWEEN BUYER AND SELLER DATED MAY 18, 1995.
				UNLESS STATION SPECIFIC MDDOS ARE SPECIFIED IN A SEPARATE FIRM SERVICE AGREEMENT BETWEEN SELLER AND BUYER, SELLER’S AGGREGATE MAXIMUM DAILY DELIVERY OBLIGATION, UNDER THIS AND ANY OTHER SERVICE AGREEMENT BETWEEN SELLER AND BUYER, AT THE STATIONS LISTED ABOVE SHALL NOT EXCEED THE MDDO QUANTITIES SET FORTH ABOVE FOR EACH STATION. ANY STATION SPECIFIC MDDOS IN A SEPARATE FIRM SERVICE AGREEMENT BETWEEN SELLER AND BUYER SHALL BE ADDITIVE TO THE INDIVIDUAL STATION MDDOS SET FORTH ABOVE.

		Revision No.
		Control No. 1995-04-[ILLEGIBLE] — 0081

Appendix A to Service Agreement No. 49790
Under Rate Schedule sst

Between (Seller) columbia gas transmission corporation
        and (Buyer) penn fuel gas, inc.

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 receipt and delivery points.

Service changes pursuant to this Appendix A shall become effective as of NOVEMBER 01, 1998, or upon completion of facilities. 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.

PENN FUEL GAS, INC.
By:		/s/ Terry H. Hunt
Name:		Terry H. Hunt
Title:		President and CEO
Date:		November 14, 1995
COLUMBIA GAS TRANSMISSION CORPORATION
By:		/s/ Stephen M. Warnick
Name:		Stephen M. Warnick
Title:		Vice President
Date:		November 20, 1995

		Revision No. 1 Control No. 1999-[ILLEGIBLE] — 0032

Appendix A to Service Agreement No. 49790
Under Rate Schedule sst

Between (Transporter) columbia gas transmission corporation
             and (Shipper)  penn fuel gas, inc.

Transportation Demand		138		Dth/day

Primary Receipt Points

Scheduling		Scheduling		Maximum Daily
Point No.		Point Name		Quantity (Dth/Day)
STOW		STORAGE WITHDRAWALS			138

		Revision No. 1 Control No. 1999-[ILLEGIBLE] — 0032

Appendix A to Service Agreement No. 49790
Under Rate Schedule sst

Between (Transporter) columbia gas transmission corporation
               and (Shipper) penn fuel gas, inc.

Primary Delivery Points

Maximum S1/

Delivery

Maximum Daily

Pressure

Scheduling

Scheduling

Measuring

Measuring

Delivery Obligation

Obligation

Point No.

Point Name

Point No.

Footnote

Point Name

(Dth/Day)

(PSIG)

56-29

PENN FUEL OP 04-29

600016

PINE GROVE

138

75

		Revision No. 1 Control No. 1999-[ILLEGIBLE] — 0032

Appendix A to Service Agreement No. 49790
Under Rate Schedule sst

Between (Transporter) columbia gas transmission corporation
              and  (Shipper) penn fuel gas, inc.

		Revision No. 1
		Control No. 1999-[ILLEGIBLE] — 0032

Appendix A to Service Agreement No. 49790
Under Rate Schedule sst

Between (Transporter) columbia gas transmission corporation
              and (Shipper)  penn fuel gas, inc.

The Master List of Interconnects (MLI) as defined in Section 1 of the General Terms and Conditions of Transporter’s Tariff is incorporated herein by reference for the purposes of listing valid secondary receipt and delivery points.

Service changes pursuant to this Appendix A shall become effective as of NOVEMBER 01, 1999, or upon completion of facilities. This Appendix A shall cancel and supersede the previous Appendix A effective as of OCTOBER 01, 1999, 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.

PENN FUEL GAS, INC.
By:		/s/ John F. Sipics
Name:		John F. Sipics
Title:		President
Date:		10/26/96
COLUMBIA GAS TRANSMISSION CORPORATION
By:		/s/ G. Todd Lilly
Name:		G. Todd Lilly
Title:		Manager — Commercial Services
Date:		October 13, 1999

		Revision No. 2
		Control No. 2004-03-15 — 0012

Appendix A to Service Agreement No. 49790
Under Rate Schedule SST

Between (Transporter) Columbia Gas Transmission Corporation
              and (Shipper) PPL Gas Utilities Corporation

The Master list of Interconnects (MLI) as defined in Section 1 of the General Terms and Conditions of Transporter’s Tariff is incorporated herein by reference for purposes of listing valid secondary receipt and delivery points.

o Yes þ No (Check applicable blank) Transporter and Shipper have mutually agreed to a Regulatory Restructuring Reduction Option pursuant to Section 42 of the General Terms and Conditions of Transporter’s FERC Gas Tariff.

o Yes þ No (Check applicable blank) Shipper has a contractual right of first refusal equivalent to the right of first refusal set forth from time to time in Section 4 of the General Terms and Conditions of Transporter’s FERC Gas Tariff.

Service pursuant to this Appendix A, Revision No. 2 shall be effective November 1, 2013 through March 31, 2014.

þ Yes o No (Check applicable blank) This Appendix A, Revision No. 2 shall cancel and supersede the Previous Appendix A, Revision No. 1 effective as of November 1, 1999, to the Service Agreement referenced above.

þ Yes o No (Check applicable blank) All Gas shall be delivered at existing points of interconnection within the MDDO’s, and/or ADQ’s, and/or DDQ’s, as applicable, set forth in Transporter’s currently effective Rate Schedule SST Appendix A, Revision No. 2 with Shipper, which for such points set forth are incorporated herein by reference.

With the exception of this Appendix A, Revision No. 2 all other terms and conditions of said Service Agreement shall remain in full force and effect.

PPL Gas Utilities Corporation
By:		/s/ Robert M. Geneczko		[SEAL]
Name:		Robert M. Geneczko
Title:		President PPL Gas Utilities
Date:		10/21/04
Columbia Gas Transmission Corporation
By:		/s/ T. N. Brasselle
Name:		T. N. Brasselle
Title:		MGR Customer Services
Date:		NOV 05 2004