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HomeMy WebLinkAbout20170808IPC to Staff Request 7 Attachment 1.pdfRate Schedule TF-1 Service Agreement Contract No. 126442 THIS SERVICE AGREEMENT (Agreement) by and between Northwest Pipeline Corporation (Transporter) and Idaho Power Company (Shipper) restates the Service Agreement made and entered into on March 22, 2001. WHEREAS: A Pursuant to Section 11.4 of the General Terms and Conditions of Transporter's FERC Gas Tariff, Transporter and Shipper desire to restate the Service Agreement dated March 22, 2001("Contract # 126442") in the format of Northwest's currently effective Form of Service Agreement and to make certain additional non-substantive changes, while preserving all pre-existing, substantive contractual rights. B Significant events and amendments of Contract 126442 reflected in the contract restatement include: 1.Pursuant to the procedures set forth in Section 22 of the General Terms and Conditions of Transporter's FERC Gas Tariff, Shipper originally entered into Contract No. 126442 for 20,452 Dth/Day of capacity permanently released from Contract No.100108 between Transporter and WEI Holding (U.S.) Inc., effective November 1, 2002. 2.By amendment dated May 18, 2001 Shipper acquired 4,071 Dth/Day of capacity through consolidation of Contract No. 126443, which capacity was formerly held and permanent Petro Canada Hydrocarbons under Contract No.100106, effective November 1, 2002. 3.By amendment dated May 18, 2001, unilateral evergreen rights were incorporated effective November 1, 2002. 4.By amendment dated November 26, 2001, Shipper's primary delivery point was changed from Kern River Muddy Creek to Elmore effective upon the in-service date of facilities proposed in Docket No. CP01-438. 5.By amendment dated April 8, 2003, a non-conforming footnote was removed from exhibit "B". 6.Transporter and Shipper desire to further amend the Agreement to extend the primary term end date from February 28, 2007 to February 28, 2022. 7.In consideration of Shipper's 15 year term extension,Transporter has agreed to the non- conforming provisions listed on Exhibit B. THEREFORE, in consideration of the premises and mutual covenants set forth herein, Transporter and Shipper agree as follows: 1. Tariff Incorporation. Rate Schedule TF-1 and the General Terms and Conditions (GT&C) that apply to Rate Schedule TF-1, as such may be revised from time to time in Transporter's FERC Gas Tariff (Tariff), are incorporated by reference as part of this Agreement, except to the extent that any provisions thereof may be modified by non-conforming provisions herein. 2. Transportation Service. Subject to the terms and conditions that apply to service under this Agreement, Transporter agrees to receive, transport and deliver natural gas for Shipper, on a firm basis. The Transportation Contract Demand,the Maximum Daily Quantity at each Primary Receipt Point, and the Maximum Daily Delivery Obligation at each Primary Delivery Point are set forth on Exhibit A. If contract-specific OFO parameters are set forth on Exhibit A, whenever Transporter requests during the specified time period, Shipper agrees to flow gas as requested by Transporter, up to the specified volume through the specified transportation corridor. 3. Transportation Rates. Shipper agrees to pay Transporter for all services rendered under this Agreement at the rates set forth or referenced herein. Reservation charges apply to the Contract Demand set forth on Exhibit A. The maximum currently effective rates (Recourse Rates) set forth in the Statement of Rates in the Tariff, as revised from time to time, that apply to the Rate Schedule TF-1 customer category identified on Exhibit A, will apply to service hereunder unless and to the extent that discounted Recourse Rates or awarded capacity release rates apply as set forth on Exhibit A or negotiated rates apply as set forth on Exhibit D. Additionally, if applicable under Section 21 of the GT&C, Shipper agrees to pay Transporter a facility reimbursement charge as set forth on Exhibit C. 4. Transportation Term. This Agreement becomes effective on the date first set forth above. The primary term begin date for the transportation service hereunder is set forth on Exhibit A. This Agreement will remain in full force and effect through the primary term end date set forth on Exhibit A and, if Exhibit A indicates that an evergreen provision applies, through the established evergreen rollover periods thereafter until terminated in accordance with the notice requirements under the applicable evergreen provision. 5. Non-Conforming Provisions. All aspects in which this Agreement deviates from the Tariff, if any, are set forth as non-conforming provisions on Exhibit B. If Exhibit B includes any material non-conforming provisions, Transporter will file the Agreement with the Federal Energy Regulatory Commission (Commission) and the effectiveness of such non-conforming provisions will be subject to the Commission acceptance of Transporter's filing of the non-conforming Agreement. 6. Capacity Release. If Shipper is a temporary capacity release Replacement Shipper, any capacity release conditions, including recall rights, are set forth on Exhibit A. 7. Exhibit Incorporation. Exhibit A is attached hereto and incorporated as part of this Agreement. If Exhibits B, C and/or D apply, as noted on Exhibit A to this Agreement, then such Exhibits also are attached hereto and incorporated as part of this Agreement. 8. Regulatory Authorization. Transportation service under this Agreement is authorized pursuant to the Commission regulations set forth on Exhibit A. 9. Superseded Agreements. When this Agreement takes effect, it supersedes, cancels and terminates the following agreement(s): Original Firm Transportation Agreement dated March 22, 2001 and amendments dated May 18, 2001, November 26, 2001, April 8, 2003. IN WITNESS WHEREOF, Transporter and Shipper have executed this Restated Agreement on May 02, 2007. Idaho Power Company Northwest Pipeline Corporation By: /S/By: /S/ Name: JIM MILLER Name: MIKE RASMUSON Title: SENIOR V.P., POWER SUPPLY Title: MANAGER NWP MARKETING SERVICES EXHIBIT A (Dated May 02, 2007, Effective May 02, 2007) to the Rate Schedule TF-1 Service Agreement (Contract No. 126442) between Northwest Pipeline Corporation and Idaho Power Company SERVICE DETAILS 1. Transportation Contract Demand (CD): 24,523 Dth per day 2. Primary Receipt Point(s): Point ID Name Quantities (Dth) 297 SUMAS RECEIPT 24523 Total 24523 3. Primary Delivery Point(s): Point ID Name (Dth)Pressure (psig) 616 ELMORE DELIVERY M/S 24523 390 Total 24523 4. Customer Category: a. Large Customer b. Incremental Expansion Customer: No 5. Recourse or Discounted Recourse Transportation Rates: a. Reservation Charge (per Dth of CD): Maximum Base Tariff Rate, plus applicable surcharges b. Volumetric Charge (per Dth): Maximum Base Tariff Rate, plus applicable surcharges c. Additional Facility Reservation Surcharge Pursuant to Section 3.4 of Rate Schedule TF-1 (per Dth of CD):None d. Rate Discount Conditions Consistent with Section 3.5 of Rate Schedule TF-1: Not Applicable 6. Transportation Term: a. Primary Term Begin Date: November 01, 2002 b. Primary Term End Date: February 28, 2022 c. Evergreen Provision: Yes, grandfathered unilateral evergreen under Section 12.3 of Rate Schedule TF-1 7. Contract-Specific OFO Parameters: None. 8. Regulatory Authorization: 18 CFR 284.223 9. Additional Exhibits: Exhibit B Yes, dated May 02, 2007 Exhibit C No Exhibit D No EXHIBIT B (Dated May 02, 2007, Effective May 02, 2007, subject to Commission acceptance) to the Rate Schedule TF-1 Service Agreement (Contract No. 126442) between Northwest Pipeline Corporation and Idaho Power Company NON-CONFORMING PROVISIONS 1. Post-Termination Obligations. The Transporter's and Shipper's post-termination obligations under this Agreement, as set forth in Section 11.6 of the GT&C, are supplemented, and in no way limited, by the following provision: The termination of this Agreement shall not relieve Transporter or Shipper of the obligation to correct any volume imbalances hereunder, or either party of the obligation, if any to pay monies to the other party for services rendered. 2. Governing Law. Transporter and Shipper expressly agree that the laws of the State of Idaho shall govern the validity, construction, interpretation and effect of this Agreement and all applicable Tariff provisions. This Agreement is subject to all applicable rules, regulations, or orders issued by any court or regulatory agency with proper jurisdiction. 3. Amendments & Waivers. No amendment of this Agreement shall be effective unless such amendment is executed electronically through Northwest Passage as required by Transporter's Tariff. The parties acknowledge the effect of this provision and hereby agree that they will not detrimentally rely on any alleged oral modification of this Agreement and waive all equitable rights attendant to any oral modification. The waiver of any rights granted under this Agreement by the Shipper or Transporter shall not in any event be effective unless such waiver shall be in writing and signed by the waiving party. Any such waiver shall be effective only in the specific instance and for the specific purpose for which it was given. 4. Severability. If one or more provisions of this Agreement are determined to be illegal or unenforceable to any extent, such provision(s) shall be enforced to the greatest extent permitted by law and the remainder of this Agreement shall remain effective and binding on the parties.