FORM OF SERVICE AGREEMENT
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Florida Gas Transmission Company
P. O. Box 1188 Houston, Texas 77251.1188 (713) 853-6161
september 26, 1990
city of Clearwater
Gas Division
P.O. Box 4749
401 N. Myrtle
Clearwater, Florida 34618
Gentlemen:
This letter agreement sets forth the understanding between
Florida Gas Transmission Company (FGT) and City of Clearwater
(Clearwater) with respect to the term of any service agreement
under FGT's Rate Schedule FTS-1 which may be entered between FGT
and Clearwater as a result of Clearwater's conversion from firm
sales service to firm transportation service under the terms of the
stipulation and Agreement filed by FGT on October 17, 1989 in
Docket Nos. RP89-50, et al., (October 17th Settlement) and approved
by order of the Federal Energy Regulatory Commission dated June 15,
1990 (June 15th Order).
In consideration of the mutual promises
and concessions of the parties with respect to the October 17th
Settlement, FGT agrees that, notwithstanding any provision of the
October 17th Settlement or June 15th Order, at Clearwater's
election, the term of any such service agreement under FGT's Rate
Schedule FTS-1 shall: (1) provide for a term of fixed duration with
a year-to-year evergreen thereafter, but FGT's right to terminate
upon six-months notice to Clearwater shall be contingent on FGT
An ENRON/SMA' Affiliate
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City of Clearwater
September 26, 1990
Page 2
filing for and receiving specific abandonment authorization under
Section 7(b) of the Natural Gas Act prior to termination of the
service, or (2) provide that Clearwater shall have one or more
unilateral options to extend the primary term of the contract, for
additional terms which in the aggregate shall not exceed twenty
(20) years, with a year-to-year evergreen clause thereafter which
permits FGT or Clearwater the option to terminate upon six-months
written notice to the other party.
If the foregoing accurately represents your understanding of
our agreement concerning this matter, please so indicate by
executing both originals of this agreement in the space provided
below and returning one executed original to the undersigned.
FLORIDA GAS TRANSMISSION COMPANY
By: W~ 171.~ 1#1
Vice res1dent, Marketing
Accepted and Agreed to this
~ day Of~ , 1990
CITY OF CLEARWATER
By: -t2. --;;( --d'~
Title:
City Manager
Date:
November 2, 1990
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4197
RlEIoI OF SERVICE ~
Irrt:.ern.Jpt:ile Sales Services
'IIIIS l\GREEMENr entered into this 1/ day of ~1990' by am
between Florida Gas Transmissicn ~ny, a corporation of the state of
Delaware (herein called "Seller"), and city of Clearwater (herein called
"Buyer") .
WIT N E SSE T H:
WHEREAS, Buyer wishes to purchase natural gas on an interruptible basis
from Seller, and
WHEREAS, Seller wishes to provide interruptible sales seI:Vice to Buyer.
NOW 'lHEREFORE, Seller and Buyer agree as follows:
ARI'ICIE I
Quantities
SUbject to the terms, conditions and limitations of Rate Schedule ISS-l
and the General Terns and Conditions, Seller agrees to sell and deliver to
Buyer on an interruptible basis, and Buyer agrees to purchase from Seller
on an interruptible basis, up to a Maximum Daily Quantity ('~") per day
which shall be set forth in Exhibit A at the Point (s) of Deliveu:y set forth
in Article IV of this Agreement.
ARI'ICIE II
Rate Schedule
1. Buyer shall pay Seller for all service rendered hereunder pursuant
to Seller's Rate Schedule ISS-l as filed with the FERC and as said Rate
Schedule may hereafter be legally amended or superseded.
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FURM OF SERVICE ~
Int:erruDtible Sales Sel:vi.oes
2. '!his Agreement in all respects shall be and remain subj ect to the
applicable provisions of said :Rate Schedule and of the General Tenos and
Conditions of Seller on file with the FERC (as the same may hereafter be
legally amended or superseded), all of which are made a part hereof by this
reference.
3. '!he rate for natural gas delivered by Seller to Buyer at each
Point(s) of Delivery under this Service Agreement shall be as set forth in
Exhibit A, as it may be amended iran tiIne to tiIne; provided, however, that
in no event shall such rate be less than the currently effective mini1num
rate nor greater than the currently effective maxinu.nn rate under :Rate
Schedule ISS-l.
ARl'ICIE III
Tenn of Am'eement
'!his Agreement shall be effective on the Effective Date of the
Stipulation and Agreement filed by Seller on october 16, 1989, in IX>cket
Nos. RP89-50 et al, as that tenn is defined in Article XXI thereof, and
shall continue in effect for a primaJ:y tenn of one hurrlred and eighty (180)
days from the Effective Date and shall continue month to month thereafter
unless tenninated by either party upon thirty (30) days prior written
notice to the other party.
ARl'ICIE IV
Point(s) of Deliveuy
'!he Point(s) of Delivery for all natural gas purchased under this agree-
ment shall be at the Point(s) of Delivery set forth in Exhibit A attached
hereto.
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FORM OF SERVICE AGREEMENl'
Int.ernmtible Sales Services
ARI'ICIE V
SUbsequent Amendments
This service Agreement may be amerrled from time to time to revise the
MD;:2, Point(s) of DeliveJ:Y, and rates for service hereun:1er by Seller and
Buyer exchanging via telecopy, facsimile, express mail, or other means a
revised Exhibit A which has been executed by Seller and Buyer and which
sets forth such revisions and the term that the same shall remain in
effect.
ARI'ICIE VI
Notices
All notices and camnn.mi.cations with respect to this Agreement shall be
in writing and sent by prepaid mail to the addresses stated below or at
such other address as may hereafter be designated in writing.
AIlIDITSTRATIVE MATI'ERS:
Seller:
Florida Gas Transmission Carrpany
P. o. Box 1188
Houston, Texas 77251-1188
Attention: Contract Management Department
City of Clecuwater
P. O. Box 4749
Clecuwater, Florida 34618
Buyer:
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FORM OF SERVICE ~
Int:erruptible Sales ~ces
PAYMENT BY WIRE TRANSFER:
Seller:
Florida Gas Transmission Company
NCNB National Bank
Account No. 001658806
Charlotte, North Carolina
ARI'ICIE VII
other Provisions
ARI'ICIE VIII
Miscellaneous
1. Seller shall have the unilateral right to file with the appropri-
ate regulato:ry authority and make changes authorized by such authority in
(a) the rates and charges applicable to Rate Sdledul.e ISS-l, (b) Rate
Schedule ISS-1 pursuant to which this service is rendered; provided, how-
ever, that the interruptible character of service shall not be subject to
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FORM OF SERVICE ~
Int:erruotible Sales Services
change hereunder, or (c) any provisions of the General Terns and Conditions
applicable to Rate Schedule ISS-l. Seller agrees that Buyer may protest or
contest the aforementioned filings, or seek authorization from duly
constituted regulato:ry authorities for such adjustment of Seller's existing
FERC Gas Tariff as may be fOUl"rl. necessa:ry in order to assure that the
provisions in (a), (b) or (c) above are just and reasonable.
2. '!his Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns.
3. '!his Agreement contains Exhibit A which is incorporated fully
herein.
4. 'IHIS AGREEl1ENT SHALL BE GOVERNED BY AND INTERPREI'ED m ACCORDANCE
WI'IH 'lEE rAWS OF '!HE STATE OF TEXAS.
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R:RI OF SERVICE ~
Int:er:r:\mti.ble Sales Services
IN WI'INESS WHEREX)F the parties hereto have executed the Agreement by
their duly authorized officials on the dates set forth below.
FlORIDA GAS 'IRANSMISSIal <XMPANY
IIJYER: ClEARWATER, CITY OF
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By -reS By
. Thomas P. McCarthy. Vi t) President
T1tle Title Ron H. Rabun, City Manager
A'ITEST:
ATI'EST :
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By Ol~~Z~.4- -0,,_
Title cy~thia E . Goudeau , C:r:ty
Clerk
By
Date 511/90
Date
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FORM OF SERVICE AGREEMENl'
Int:e:rn1Dtible Sales Services
Exhibit A
Interruptible Sales service Agreement
Between
Florida Gas Transmission Company
and
City of Clecu:water
Dated
March 9, 1990
FOI Number Point(s) of Delivery
Description of
Point of Delivery ~
Rate
(per MMBIU)
II
16204
16205
16206
~, CI'IY OF - EAST
~, CI'IY OF - NORIH
~, CI'IY OF - SCUIH
PINELIAS
PINELIAS
PINELIAS
10,219
10,219
10,219
I/See Maxi.nunn Rate in Schedule
Date of this Exhibit A: March 9, 1990
Tenn of this Exhibit A: See Article III
Accepted and Agreed to this
II
day of ~
, 19.22-
FIORIDA GAS TRANSMISSICN a::MPANY
IIJYER: CTI'Y OF CI:.FARWATE:R
By: ,,/ L ~"'~'1d!'
Title1ho~mas ~: l\ilcCar-~h}l, V:ce P~esident
Attest: '. . .,1- ,k~
ssistant Se~tary
By:
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Title: Ron H . Rabun , City Manager
Clerk
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Florida Gas Transmission Company
An ININN/.....T Affiliate
INTERRUPTIBLE SALES NOMINATION
GUIDE
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Florida Gas Transmission Company
p. 0, Box 1188 Houston, Texas n251-1188 (713) 853-6161
To: Interruptible Sales CUstomers of Florida Gas Transmission
Company
Re: Nomination Procedures for Interruptible Sales Service
Florida Gas Transmission Company (FGT) desires to provide efficient,
reliable service to all of its customers. A key inqredient in
providing this type of service is communication between FGT and
customers. To facilitate this communication, FGT has developed the
attached nomination procedures to implement and administer its
interruptible sales service. The key features of these procedures
are:
1) All nominations must be made in writinq;
2) Nominations will not be carried forward from one month to
the next;
3) Nominations must be received by 10:00 a.m. Central Time,
two (2) working days in advance of the commencement of
service or any change to a prior nomination.
Please direct any questions concerning nominations and scheduling of
interruptible sales service to FGT Gas Manaqement:
Georgi Anuez - Transportation Specialist
(713) 853-7534
(713) 853-6154
Jack Boatman - Manager, Gas Management
An INRON/SeUT Affiliate
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PLORIDA ill TRANSMISSION COMPANY
NOMINATION PROCBDORBS lQB INTBRROPTIBLB SALBS SBRVICE
A. CONTRACTUAL AUTHORITY
1. Interruptible sales service will only be provided pursuant to a
yalid sales agreement. Contract numbers will be assigned to
each agreement. This number should accompany any correspondence
concerning a specific interruptible sales aqreement.
2. Requests for interruptible sales aqreements or amendments to
existing agreements should be directed to:
Florida Gas Transmission Company
P.O. Box 1188
Room 3877
Houston, Texas 77251-1188
Attn: Contract Manaqement Department
Telecopy Number: (713) 853-7390
B. NOMINATIONS
1. Interruptible Sales Service
a) All nominations must be submitted in writing. A separate
completed nomination form must be submitted for each
contract under which interruptible sales service is desired.
All interruptible sales customers must submit a completed
nomination request form for the first of each month and
whenever nomination chanqes are desired. Nominations will
not ~ carried forward ~ ~ month ~ the next. Failure
to renominate will result in interruption of service.
b) Nominations should be submitted to:
Florida Gas Transmission Company
Gas Manaqement - EB42
1400 Smith
P.O. Box 1188
Houston, Texas 77251-1188
Telecopy Number: (713) 750-7186
2. First of ~ Month Nominations. CUstomer must provide a
written nomination by 10:00 a.m. Central Time two (2) working
days prior to the first day of any month.
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3. Nomination Chanqes. Customer may submit written nomination
changes on any working day. Such changed nominations must be
received no later than 10:00 a.m. Central Time, two (2) working
days before the date of such change. CUstomer should submit
nomination changes whenever actual flows are expected to vary
from current nominated flows.
In the event capacity remains available after gas has been
scheduled or as a result of an operational or weather situation,
then FGT may accept nominations or schedule service after the
time deadline set forth above.
4. Late Nominations. Any written nomination received after the
above stated submission deadlines may result in a delay in
service.
5. Reauired Chanqes.lf FGT determines that the actual daily flows
under a particular sales agreement differ from the confirmed
nominations, then FGT may require prospective nomination
change(s) as necessary.
6. Scheduling Priority. Deliveries of natural gas shall be
scheduled by FGT in accordance with Section 9B of the General
Terms and Conditions of FGT's FERC Gas Tariff.
C. INTERRUPTIONS DI SERVICE
1. In the event of curtailment of deliveries by FGT the curtailment
process will be conducted in accordance with Section 9A of the
General Terms and Conditions of FGT's FERC Gas Tariff.
2. If service is interrupted by Customer, CUstomer will notify
FGT Gas Management as soon as possible of such interruption and
submit a written nomination change.
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DBTAXLED XNSTRUCTXONS FOR
XN'l'BRRUPrXBLB SALES NOIIXlIATXON DOUBST lQBK
ITEM
INSTRUCTIONS
(1)
Enter the FGT interruptible sales contract number under which'
the nomination is being made. A separate nomination form must
be submitted for each contract.
(2)
Enter the date gas flow is to start or change and the date the
gas flow will stop.
(3) Enter customer dispatching information requested. Indicate
Customer name and the name, telephone number, and telecopy
number of the individual authorized by Customer to perform day-
to-day nominations and scheduling.
(4) Indicate FGT's POI (point of Interest) Number(s) for the
delivery point(s) from your interruptible sales contract.
(5) Enter description of the delivery point(s) from your
interruptible sales contract.
(6) List by delivery point the downstream end user/shipper and/or
transportation contract number, if applicable, for whom the gas
is being delivered by FGT.
(7) List by delivery point the confirmation contact name and phone
number for the gas which you are nominating to be delivered by
FGT.
(8) Indicate the daily volume in MMBtu to be delivered by FGT at
each delivery point. Volumes should be indicated in MMBtu/Day.
page 3
TO: Florida Gas Transmission Company
Attention: Gas Management
P. O. Box 1188
Houston, Texas 77251-1188
Telecopy No' (713) 750-7186
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FGT Con'rad No.'
(1)
EHedive Datels) Start Stop Page
Interruptible Sales Nomination Request (2) I (2) of
Cus'omer I Prepared by Telephone No. Telecopy No.
3) (3) (3) (3)
fGT POI facility Description End User Nome Confirmation Con'al;t Delivered Volume
Number Pipeline Contrad No. Name/Phone Number MMB'u/Day
(4) (5) (6) (7) (8)
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Comments
· One Nomination per FGT Soles Agreement.
Nomination volumes should be stated in MMBtu @ 14.73 dry.
Refer to FGT's Nomination Procedures for details pertaining to the nomination process.
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TO: Florida Gas Transmission Company
Attention: Gas Management
P. O. Box 1188
Houston, Texas 77251-1188
Tefecopy No' (713) 750-7186
EXAMPLE
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FGT ControCl No.'
1234
EHeClive Oatels) S'art Slop Page
Interruptible Sales Nomination Request 1/1/90 I 1/31/90 1 of 1
CUSlomer Preparedby TelePhone No. Telecopy No.
FLORIDA UTILITY COMPANY TOM JOHNSON 123-456-7890 123-456-7891
FGT POI Facility Description End User Nome Confirmation Conlad Delivered Volume
Number Pipeline Contrad No. Nome/Phone Number MMBlu/Day
34567 FLA DELIVERY POINT #1 FLA LDC 9977 JOE JONES 123-789-1111 5,000
56789 FLA DELIVERY POINT #2 FLA LDC 9988 JOHN SMITH 123-455-2222 5,000
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Commen..
· One Nomination per FGT Sales Agreement.
Nomination volumes should be stated in MMBtu @ 14.73 dry.
Refer to FGT's Nomination Procedures for details pertaining to the nomination process.
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TO: Florida Gas Transmission Company
Attention: Gas Management
P. O. Box 1188
Houston, Texas 77251-1188
Telecopy No' (713) 750-7186
.
FGT ConlroCl No.'
EHedive Dote(s) S'ort Slop Pog_
Interruptible Sales Nomination Request I of
Cus'omer Prepored by Te/ephone No. Telecopy No.
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FGT POI Facility Description End User Name Confirmation Contad Delivered Volume
Number Pipeline Contrad No. Name/Phone Number MMBtu/Day
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· One Nominotion per FGT Sales Agreement.
Nomination volumes should be stated in MMBtu @ 14.73 dry.
Refer to FGT's Nominotion Procedures for details pertaining to the nomination process.
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Florida Gas
Transmission
Company
NOlfJination
Deadline Dates
An ENRON/S.NAT Affiliate
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o 1st of the month nominations due @ 10:00 A.M. Central Time
o Enron holidays
Nominations and Scheduling
Georgi Anuez
Jack Boatman
Telecopy (Nominations)
(713) 853-7534
853-6154
750-7186
Transportation Marketing
Tom McCarthy
Paige Nester
Bob Burleson
Telecopy (Requests)
(713) 853-6386
853-1515
853-1699
853-7390
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
Cynthia E. Goudeau - City Clerk
J. Terry Neenan - Gas Super intendent "flA,.J J.iJ '" ,
'ifJ~.~'~
Fla. Gas Transmission Agreement
May 22, 1990
Please find attached Service Agreement for Interruptible
Sales Services between Flor ida Gas Transmission Company
and the City of Clearwater, dated May 11, 1990, for your
files. We have retained a copy for our files.
JTN:nt
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MAY 2S 1990
Cl'I'Y; CLL~j~