Significant events and previous amendments of Contract 100002 reflected in the contract restatement include: 1. By Amendment dated October 20, 1993 the conversion of Shipper's remaining firm sales Contract Demand to firm Transportation Contract Demand was implemented, effective November 1, 1993.
2. By Amendment dated October 24, 1995 the primary contract term end date was extended from October 31, 2014 to April 30, 2015.
3. Effective April 1, 1998, the Agreement was amended to combine 19,006 Dths per day from the U&I meter station and 8,314 MMBtu per day from the Moses Lake meter station. The U&I meter station and the Moses Lake meter station were removed and replaced with one station located in close proximity to the U&I meter station, which capacity was equivalent to the two stations, as outlined in a Letter Agreement dated April 1, 1998. The minimum contract delivery pressure was to be 300 psig. (Northwest would not be under any obligation to provide 300 psig in the event that Cascade exceeded an hourly rate of 1,207 Dths during that gas flow day.)
4. Effective August 1, 2000, the Agreement was amended to remove the Green Circle Farms delivery point, which was taken out of service on May 6, 1999.
5. Shipper was allocated a total of 7,352 Dth of temporary firm transportation capacity at receipt points south of the Green River Compressor Station, per the amendment dated July 15, 1996. Shipper agreed to reassign said volumes to points north of the Green River Compressor Station upon termination of the temporary capacity. Termination notice for the temporary firm transportation capacity was given on May 10, 2000 to be effective October 1, 2000. Transporter and Shipper amended Exhibit A of the Agreement to provide for the reassignment of the temporary firm transportation capacity.
6. Shipper elected to cease paying the Facility Cost-of-Service charge reflected on Exhibit "C" and reimbursed Transporter for the remaining net book value of the Tumwater Compressor Station. Effective July 1, 2002, Transporter and Shipper removed Exhibit "C" from the Service Agreement.
7. Effective October 18, 2005, Transporter and Shipper amended the Agreement to: (i) reallocate 133 Dth/day from the Pendleton delivery point to the Mission Tap delivery point, and (ii) replace the Piceance receipt point with the Hatch Gulch receipt point; all as reflected on Exhibit A.
8. Effective May 16, 2006, Transporter and Shipper amended the Agreement to remove the La Maquina receipt point and reallocate 1,000 Dth/day of MDQ from the La Maquina receipt point to the Blanco receipt point.
9. Effective February 26, 2007, Transporter and Shipper amended the Agreement to extend the primary term of the Agreement from April 30, 2015 to April 30, 2020, and to replace the grandfathered unilateral evergreen provision with the standard unilateral evergreen provision, and revise Exhibit B to reference the order previously accepting the non-conforming provision thereon.
10. Effective April 1, 2011, Transporter and Shipper amended the Agreement to remove the Maximum Daily Delivery Obligation from the City of Sumas delivery point and correspondingly increase the Lynden delivery point due to Shipper's request to permanently disconnect the City of Sumas Meter Station.
11. Effective September 1, 2011, Transporter and Shipper amended the Agreement to remove 763 Dth/d from the Painter N.R.U. receipt point and add 763 Dth/d to the Opal Plant receipt point thereby increasing the Opal Plant receipt point from 26,869 Dth/d to 27,632 Dth/d.
12. Effective September 1, 2012, Transporter and Shipper amended the Agreement as part of a contract term negotiation to extend the primary term end date from April 30, 2020 to October 31, 2032 and to add a nonconforming MDDO Realignment provision and FERC approval to Exhibit B in exchange for Transporter awarding various other capacity to Shipper. Additionally, Shipper permanently released 1,000 Dth/d of Contract Demand on Offer No. 34199 reducing their Contract Demand from 206,123 Dth/d to 205,123 Dth/d.
13. Effective April 1, 2013, Transporter and Shipper amended the Agreement, as part of a contract term negotiation to realign MDDOs from the Wenatchee delivery point (3,320 Dth/d) to the Selah delivery point (823 Dth/d) and to the Moxee City delivery point (2,497 Dth/d). This amendment reduced Shipper's MDDOs at the Wenatchee delivery point from 7,195 Dth/d to 3,875 Dth/d and created an incremental 1,421 Dth/d of capacity that Shipper acquired on a different Agreement.
14. Effective July 10, 2013, Transporter and Shipper agreed to remove the FERC Approval non-conforming provision from Exhibit B and transfer Shipper's right to realign its MDDOs that was granted to Shipper as part of a negotiation to extend Shipper's contract without a contract-specific OFO from Exhibit B onto Exhibit A under the new Contract-Specific OFO Parameters field that FERC approved on March 19, 2013 in Docket No. RP13-555 provided the MDDO realignments are: (1) to delivery points with posted available capacity at a point already existing on this Agreement; and (2) not in violation with Transporter's New Contract Prohibition as contained in the Settlement Agreement for Reduction in Displacement Reliance, dated May 1, 2001, and the Settlement Agreement for Reduction in Displacement Reliance Through the Columbia River Gorge Corridor, dated July 27, 2001.
15. By Amendment dated September 6, 2013 and effective May 1, 2020, Transporter and Shipper agreed to reallocate 12,523 Dth/day from the Bellingham II delivery location, reducing the Bellingham II delivery location to 24,977 Dth/d, to the Bellingham Ferndale delivery location, increasing the Bellingham Ferndale location to 30,023 Dth/d. The increased capacity accommodating this amendment is through an upgrade at the Bellingham Ferndale meter station pursuant to a facilities agreement executed between Transporter and Shipper on August 29, 2013.
16. By restatement effective September 18, 2015, Transporter and Shipper agreed to restate the Agreement in its most current form of service and made the following changes to realign capacity between Contract Nos. 100002 and 135384 in order to provide Cascade with a Right of First Refusal on the Shelton lateral:
a. Realigned 24,977 Dth/d from the Bellingham II Delivery location and 5,023 Dth/d from the Sedro/Woolley delivery location to the Bremerton (Shelton) delivery location. To create the capacity on the Shelton lateral, the Parties agreed to make a simultaneous amendment on Cascade’s Contract No. 135384 to realign 30,000 Dth/d from the Bremerton (Shelton) delivery location to Sedro/Woolley;
b. Included a contract-specific flow order (CSOFO) of 4,745 Dth/d from the Sedro/Woolley delivery location to Bellingham II delivery location effective upon the execution of this contract restatement through April 30, 2020; however, due to a system limitation the CSOFO started October 1, 2015;
c. Revised the “Specified contract-specific OFO conditions or alternative actions” field on Exhibit A to provide Shipper with the right to comply with the CSOFO described in Recital B, Paragraph 15.b above using a different contract as an alternative action that is acceptable to Transporter, and clarify that the CSOFO is incremental to Shipper’s Realignment or Must-flow OFOs obligations;
d. Transferred the Exhibit C from Contract No. 135384 to this Agreement.
Additionally, since the future Amendment dated September 6, 2013 and effective May 1, 2020 was superseded to accommodate the contract changes described in Recital B Paragraph 16, upon execution of this Agreement, Transporter and Shipper executed a new future amendment to be effective May 1, 2020 to amend the Exhibit A as follows:
a. Removed the CSOFO described above in Recital B, Paragraph 16.b;
b. Removed the “Specified contract-specific OFO conditions or alternative actions” described above in Recital B, Paragraph 16.c;
c. Realigned 12,523 Dth/d from the Bellingham II delivery location to the Bellingham Ferndale delivery location, which went into service in November 20, 2015.
17. By restatement effective July 10, 2018, Transporter and Shipper agreed to realign 3,995 Dth/d of primary receipt point rights (MDQ's) from Hatch Gulch to Great Divide to facilitate the permanent disconnect of the Hatch Gulch meter station from Transporter's system.
18. By Amendment dated April 5, 2019 and effective May 1, 2020, Transporter and Shipper amended Exhibit A pursuant to the second half of Recital B, Paragraph 16 above.
19. By Amendment dated June 20, 2019, Transporter and Shipper amended the Agreement to realign 10,000 Dth/d from the Bremerton (Shelton) delivery point to the Grays Harbor delivery point reducing the Bremerton (Shelton) delivery point from 37,102 Dth/d to 27,102 Dth/d. The parties also agreed to realign 3,789 Dth/d from the Starr Road receipt point to the Palouse receipt point; thus reducing the Starr Road receipt point from 27,055 Dth/d to 23,266 Dth/d and adding the Palouse receipt point for 3,789 Dth/d.
In addition, due to the path-shortening from Starr Road to Palouse, the parties agreed to incorporate an OFO alternative actions on Exhibit A of the Agreement in lieu of a contract-specific OFO to reinstate Shipper’s southbound Must-flow OFO obligation.
20. Effective April 1, 2020, Shipper permanently released to Puget Sound Energy, Inc. 2,000 Dth/d of its Contract Demand from Sumas Receipt (1,160 Dth/d) and Opal Plant (840 Dth/d) to the Wenatchee delivery location (3,091 Dth/d). Puget Sound Energy, Inc.'s Agreement number is 143460.
21. By Amendment dated April 28, 2020 and effective May 1, 2020, Transporter and Shipper amended the Agreement to:
a. remove that portion of the CSOFO Parameters and "Specified contract-specific OFO conditions or alternative actions" which expired on April 30, 2020;
b. reallocate 12,523 Dth/d from the Bellingham II delivery location, reducing the Bellingham II delivery location to 0 Dth/d and increasing the Bellingham (Ferndale) delivery location to 30,023 Dth/d, as described in Recital B, Paragraph 16 (a), (b) and (c) in the restatement of the Agreement dated July 10, 2018. To accommodate this amendment, the delivery capacity at the Bellingham (Ferndale) meter station was increased through an upgrade at Shipper's expense pursuant to a facilities agreement entered into between Transporter and Shipper on August 29, 2013, which went into service on November 20, 2015; and
c. reallocate 3,995 Dth/d of MDQs from Great Divide/Piceance Cr. Rec. to Yellow Creek to facilitate the temporary disconnect of the Great Divide meter station from Transporter's system.
22. By Amendment dated June 11, 2020 and effective July 1, 2020, Transporter and Shipper amended the Agreement to realign 1,074 Dth/d of primary receipt point rights (MDQs) from Starr Road to Palouse, thus reducing the Starr Road receipt point from 23,266 Dth/d to 22,192 Dth/d and increasing the Palouse receipt point from 3,789 Dth/d to 4,863 Dth/d.
23. Transporter and Shipper further agree to restate the Agreement in its most current form of service.