Rate Schedule TF-1 Service Agreement

Contract No. 100012

 

THIS SERVICE AGREEMENT (Agreement) by and between Northwest Pipeline LLC (Transporter) and City Of Enumclaw (Shipper) is made and entered into on January 30, 2019 and restates the Service Agreement made and entered into on April 08, 2010.

 

WHEREAS:

  1. Effective November 1, 1992, to conform to the provisions of the approved Joint Offer of Settlement in Docket No. CP92-79, the original Replacement Firm Transportation Agreement dated July 31, 1991 (Contract #100012), superseded and replaced both a firm sales Service Agreement dated May 1, 1989 and a Firm Transportation Agreement dated April 29, 1991, to provide a conversion of Shipper's firm sales Contract Demand to firm Transportation Contract Demand.

    By Amendment dated July 31, 1996 (effective September 1, 1996), contract #100066 (for 928 Dth/d of contract demand in Transporter's Expansion I as approved in Docket No. CP91-780) was consolidated into contract #100012, the primary term of contract #100012 was extended to March 31, 2008 and the delivery point pressure at the City of Enumclaw meter station was increased to 250 psig.

    By Amendment dated July 31, 1996, in response to a posting of available firm capacity, Shipper acquired 3,000 Dth/d of additional contract demand from the Sumas receipt point to the City of Enumclaw delivery point, effective upon the in-service date of the City of Enumclaw meter station upgrade requested by Shipper (i.e. January 20, 1997).

  2. Significant events and previous amendments of Contract 100012 reflected in the contract restatement include:

      

    1. By Restatement dated July 17, 2007, Transporter and Shipper restated the Agreement in the format of Northwest's currently effective Form of Service Agreement and made certain additional non-substantive changes, while preserving all pre-existing, substantive contractual rights.

    2. By Amendment dated September 5, 2003, Shipper's Receiving Party responsibilities were clarified. These responsibilities are delineated on Exhibit B herein.

    3. By Restatement dated Arpril 8, 2010, Transporter and Shipper agreed to extend the Primary Term End Date from October 31, 2010 to October 31, 2015.

    4. Transporter and Shipper further agree to extend the Primary Term End Date from October 31, 2015 to October 31, 2030.

 

 

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 Transportation Contract Demand set forth on Exhibit A. The Maximum Base Tariff 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 or 29 of the GT&C, Shipper agrees to pay Transporter a facilities charge as set forth on Exhibit C.
  4. Transportation Term. This Agreement becomes effective on the effective date set forth on Exhibit A. 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 / Addendum to Service Agreement Incorporation. Exhibit A is attached hereto and incorporated as part of this Agreement. If any other Exhibits apply, as noted on Exhibit A to this Agreement, then such Exhibits also are attached hereto and incorporated as part of this Agreement. If an Addendum to Service Agreement has been generated pursuant to Sections 11.5 or 22.12 of the GT&C of the Tariff, it also is 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): Service Agreement dated April 08, 2010, but the following Amendments and/or Addendum to Service Agreement which have been executed but are not yet effective are not superseded and are added to and become an Amendment and/or Addendum to this agreement: None
IN WITNESS WHEREOF, Transporter and Shipper have executed this Agreement as of the date first set forth above.
  
City Of Enumclaw Northwest Pipeline LLC
By: /S/ By: /S/
Name: CHRIS SEARCY Name: MIKE RASMUSON
Title: City Administrator Title: DIRECTOR, MARKETING SERVICES

 

EXHIBIT A

Dated and Effective January 30, 2019

to the

Rate Schedule TF-1 Service Agreement

(Contract No. 100012)

between Northwest Pipeline LLC

and City Of Enumclaw

SERVICE DETAILS
  1. Transportation Contract Demand (CD): 6,500 Dth per day
  2. Primary Receipt Point(s):
      Point ID Name Maximum Daily Quantities (Dth)    
      75 CLAY BASIN RECEIPT 1,350    
      80 GREEN RIVER GATHERING 464    
      297 SUMAS RECEIPT 3,708    
      543 OPAL PLANT 978    
      Total6,500
  3. Primary Delivery Point(s):
      Point ID Name Maximum Daily Delivery Obligation (Dth)   Delivery Pressure (psig)  
      255 ENUMCLAW6,500 250    
      Total6,500  
    Specified conditions for Delivery Pressure, pursuant to Section 2.4 of the General Terms and Conditions: None
  4. Customer Category:
    1. Small Customer (subject to temporary conversion to Large Customer under Section 2.1(d) of Rate Schedule TF-1)
    2. Incremental Expansion Customer: No
  5. Recourse, Discounted Recourse, or Negotiated Rate Transportation Rates:

    (Negotiated Rates are on Exhibit D if attached.)

    1. Reservation Charge (per Dth of CD): Not applicable
    2. Volumetric Charge (per Dth): Maximum Base Tariff Rate, plus applicable surcharges
    3. Additional Facility Reservation Surcharge Pursuant to Section 3.4 of Rate Schedule TF-1 (per Dth of CD): None
    4. Rate Discount Conditions Consistent with Section 3.5 of Rate Schedule TF-1: Not Applicable
    5. Negotiated Rate Conditions Consistent with Section 3.7 of Rate Schedule TF-1: Not Applicable
  6. Transportation Term:
    1. Primary Term Begin Date: November 01, 1992
    2. Primary Term End Date: October 31, 2030

      Specified conditional service agreement extensions pursuant to Section 11.9 of the General Terms and Conditions of the Tariff: None

    3. Evergreen Provision: Yes, grandfathered unilateral evergreen under Section 12.3 of Rate Schedule TF-1
  7. Contract-Specific OFO Parameters: None

    Specified contract-specific OFO conditions or alternative actions: None

  8. Regulatory Authorization: 18 CFR 284.223
  9. Additional Exhibits:

    Exhibit B Yes

    Exhibit C No

    Exhibit D No

    Exhibit E No

EXHIBIT B

Dated and Effective January 30, 2019,

(subject to Commission acceptance)

to the

Rate Schedule TF-1 Service Agreement

(Contract No. 100012)

between Northwest Pipeline LLC

and City Of Enumclaw

 

NON-CONFORMING PROVISIONS

The following provisions were accepted as non-conforming by the Commission on August 14, 2008 in Docket No. RP08-450:

1. Receiving Party Responsibilities

Transporter's Delivery Point to Shipper ("Enumclaw Delivery Point") and Transporter's Delivery Point to City of Buckley ("Buckley Delivery Point") are both located at the outlet of Transporter's Enumclaw Meter Station ("Meter Station"), adjacent to Transporter's mainline in the NE/4 SW/4, Section 27, Township 21 North, Range 5 East, King County, Washington.

The following provisions clarifying Receiving Party responsibilities for Shipper were added to the Agreement by amendment dated September 5, 2003. These provisions were filed and approved by the Commission as acceptable non-conforming provisions on February 25, 2004 in Docket No. RP04-145-000:

Shipper agrees to assume Receiving Party responsibilities at the Meter Station, including imbalances and any associated penalties and charges as set forth in Transporter's Tariff, for its share of the gas being delivered at the Meter Station.

Shipper's deemed share of the quantities measured at the Meter Station will be determined by deducting the measured volume delivered to the Buckley Interconnect from the total measured volume delivered by Transporter at the Meter Station. Quantities delivered at the Buckley Interconnect will be determined based on daily measurement volumes and gross heating values at the Buckley Interconnect provided to Transporter by Enumclaw, consistent with the measurement provisions in Transporter's Tariff.

Shipper's Receiving Party Imbalance will be the difference between all volumes scheduled for delivery by Transporter to the Enumclaw Delivery Point and Shipper's share of the quantities measured at the Meter Station.