Filed by Bowne Pure Compliance






Exhibit
10.4




SERVICE AGREEMENT NO. 80935

CONTROL NO.
 2004-05-27 — 0021




FSS SERVICE AGREEMENT




THIS
AGREEMENT, made and entered into this
29th day
of October, 2004, by and
between:




Columbia Gas Transmission Corporation

(“Transporter”)

AND

PPL Gas Utilities Corporation

(“Shipper”)



WITNESSETH: That in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:



Section 1. Service to be Rendered. Transporter shall perform and Shipper shall receive
service in accordance with the provisions of the effective FSS Rate Schedule and applicable
General Terms and Conditions of Transporter’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amended or superseded in accordance with the rules and regulations of the Commission. Transporter
shall store quantities of gas for Shipper up to but not exceeding Shipper’s Storage Contract
Quantity as specified in Appendix A, as the same may be amended from time to time by agreement
between Shipper and Transporter, 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 Gof the
Commission’s regulations. Shipper warrants that service hereunder is being provided on behalf of
Shipper.



Section 2.
Term. Service under this Agreement shall commence as of April 1, 2005, and
shall continue in full force and effect until March 31, 2014. Pre-granted abandonment shall
apply upon termination of this Agreement, subject to any right of first refusal Shipper may have
under the Commission’s regulations and Transporter’s Tariff.



Section 3. Rates. Shipper shall pay Transporter the charges and furnish the 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. Transporter may agree to discount
its rate to Shipper below Transporter’s maximum rate, but not
less than Transporter’s minimum rate.
Such discounted rate may apply to: a) specified quantities (contract demand or commodity
quantities); b) specified quantities above or below a certain level or all quantities if quantities
exceed a certain level; c) quantities during specified time periods; d) quantities at specified
points, locations, or other defined geographical areas; and e) that a specified discounted rate
will apply in a specified relationship to the quantities actually transported (i.e., that the
reservation charge will be adjusted in a specified relationship to quantities actually
transported). In addition, the discount agreement may include a provision that if one rate
component which was at or below the applicable maximum rate at the time the discount agreement
was executed subsequently exceeds the applicable maximum rate due to a change in Transporter’s
maximum rate so that such rate component must be adjusted downward to equal the new applicable
maximum rate, then other rate components may be adjusted upward to achieve the agreed overall rate,
so long as none of the resulting rate components exceed the maximum rate applicable to that rate
component. Such changes to rate components shall be applied prospectively, commencing with the date
a Commission order accepts revised tariff sheets. However, nothing contained herein shall be
construed to alter a refund obligation under applicable law for any period during which rates
which had been charged under a discount agreement exceeded rates which ultimately are found to be
just and reasonable.


 


 









 





SERVICE AGREEMENT NO. 80935

CONTROL NO.
2004-05-27 — 0021




FSS SERVICE AGREEMENT




Section 4. Notices. Notices to Transporter under this Agreement shall be addressed to it
at Post Office Box 1273, Charleston, West Virginia 25325-1273, Attention: Manager — Customer
Services and notices to Shipper shall be addressed to it at:


PPL Gas Utilities Corporation

Theresa Sassman, GENPL7

Natural Gas Support

2 North Ninth Street

Allentown, PA 18101-1179

ATTN: Joe Cammarano




until changed by either party by written notice.


 


 









 






SERVICE AGREEMENT NO.  80935

CONTROL NO.
2004-05-27 — 0021




FSS SERVICE AGREEMENT




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



	 	 	 	 	 
	PPL Gas Utilities Corporation	 	 
	 
	 	 	 	 
	By: 

Name:

	 	/s/ Robert M. Geneczko
 

Robert M. Geneczko
	 	[SEAL] 
	Title:

	 	President	 	 
	Date:

	 	 
 

	 	 
	 
	 	 	 	 
	Columbia Gas Transmission Corporation	 	 
	 
	 	 	 	 
	By: 

Name:

	 	/s/ T. N. Brasselle
 

T. N. Brasselle
	 	 
	Title:

	 	MGR Customer Services	 	 
	Date:

	 	NOV 05 2004	 	 





 


 









 





[STAMP]




Revision No.

Control No.   2004-05-27 — 0021




Appendix A
to Service Agreement No. 80935
Under Rate Schedule FSS



	 	 	 
	Between (Transporter)

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







	 	 	 	 	 
	Storage Contract Quantity

	 	706,443
	 	Dth
	 
	 	 	 	 
	Maximum Daily Storage Quantity

	 	10,715
	 	Dth per day













CANCELLATION OF PREVIOUS APPENDIX A




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. shall be effective from April 1, 2005 through
March 31, 2014.



o
Yes þ No (Check applicable blank) This Appendix A, Revision No. 0 shall cancel and
supersede the Previous Appendix A, Revision No. N/A effective as of N/A, to the Service Agreement
referenced above.



With
the exception of this Appendix A, Revision No. 0 all other terms and conditions of said
Service Agreement shall remain in full force and effect.



	 	 	 	 	 
	PPL Gas Utilities Corporation	 	 
	 
	 	 	 	 
	By: 

Name:

	 	/s/ Robert M. Geneczko
 

Robert M. Geneczko
	 	[SEAL]
	Title:

	 	President	 	 
	Date:

	 	 
 

	 	 
	 
	 	 	 	 
	Columbia Gas Transmission Corporation	 	 
	 
	 	 	 	 
	By: 

Name:

	 	/s/ T. N. Brasselle
 

T. N. Brasselle
	 	 
	Title:

	 	MGR Customer Services	 	 
	Date:

	 	NOV 05 2004