Exhibit 10.9

 

EQUITRANS, L.P.

FORM OF TRANSPORTATION SERVICE AGREEMENT

APPLICABLE TO FIRM TRANSPORTATION

SERVICE UNDER RATE SCHEDULE FTS

Contract No.                              

Dated                            

 

This Agreement is entered into by and between Equitrans, L.P. (“Equitrans”) and EQUITABLE GAS COMPANY, LLC (“Customer”).

 

1.                                       Agreement (CHECK ONE)

o  This is a new Agreement.

o  This Agreement supersedes, terminates, and cancels Contract no.                 , dated                         .  The superseded contract is no longer in effect.

 

2.                                       Service under this Agreement is provided pursuant to Subpart B or Subpart G of Part 284, Title 18, of the Code of Federal Regulations.  Service under this Agreement is in all respects subject to and governed by the applicable Rate Schedule and the General Terms and Conditions of the Equitrans FERC Gas Tariff (“Tariff”) as they may be modified from time to time, and such are incorporated by reference.  In the event that language of this Agreement or any Exhibit conflicts with Equitrans’ Tariff, the language of the Tariff will control.

 

3.                                       Equitrans shall have the unilateral right to file with the Commission or other appropriate regulatory authority, in accordance with Section 4 of the Natural Gas Act, changes in Equitrans’ Tariff, including both the level and design of rates, charges, Retainage Factors and services, and the General Terms and Conditions.

 

4.                                       Customer’s Maximum Daily Quantity (“MDQ”) of natural gas transported under this Agreement shall be the MDQ stated in Exhibit A to this Agreement.  If service under this Agreement is associated with a firm storage agreement, Customer’s Base MDQ and Winter MDQ are stated in Alternative Exhibit A.

 

5.                                       The effective date, term and associated notice and renewal provisions of this Agreement are stated in Exhibit A to this Agreement.

 

6.                                       The Receipt and Delivery Points are stated in Exhibit A to this Agreement.

 

7.                                       Customer shall pay Equitrans the maximum applicable rate (including all other applicable charges and Retainage Factors authorized pursuant to Rate Schedule FTS and the Tariff) for services rendered under this Agreement, unless Customer and Equitrans execute Optional Exhibit B (Discounted Rate Agreement) or Optional Exhibit C (Negotiated Rate Agreement).

 

8.                                       Exhibits are incorporated by reference into this Agreement upon their execution. Customer and Equitrans may amend any attached Exhibit by mutual agreement, which amendments shall be reflected in a revised Exhibit, and shall be incorporated by reference as part of this Agreement.

 











 

IN WITNESS WHEREOF, Customer and Equitrans have executed this Agreement by their duly authorized officers, effective as of the date indicated above.

 

 

	
CUSTOMER:
    	
 
    	
EQUITRANS,   L.P.:
    
	
 
    	
 
    	
 
    
	
By:
    	
 
    	
 
    	
By:
    	
 
    
	
 
    	
Date
    	
 
    	
 
    	
Date
    
	
 
    	
 
    	
 
    	
 
    	
 
    
	
Title:
    	
 
    	
 
    	
Title:
    	
 
    
							


 











 

EXHIBIT A

(or ALTERNATE EXHIBIT A,

Applicable only to FTS service

associated with firm storage)

to the

TRANSPORTATION SERVICE AGREEMENT

between EQUITRANS, L.P.

and

EQUITABLE GAS COMPANY, LLC,

pursuant to Rate Schedule FTS

Contract No.                      Dated                      

 

This Exhibit A is dated                               .

Any previously executed Alternate Exhibit A under this Agreement is terminated and is no longer in effect.

 

1.                                       Notices and Correspondence shall be sent to:

 

Equitrans, L.P.

 

EQT Plaza

625 Liberty Avenue Ste 1700

Pittsburgh, PA 15222-3111

Attn:  Gas Transportation Dept.

Phone:  (412) 395-2604

Facsimile:  (412) 395-3347

E-mail Address:  T&ENotify@eqt.com

 

EQUITABLE GAS COMPANY, LLC

 

Address:

225 NORTH SHORE DRIVE

PITTSBURGH, PA 15212-5861

 

Representative:  Director Gas Supply

Phone: (412) 395-3216

Facsimile: (412) 395-3166

E-mail Address:  twiggers@equitablegas.com

DUNS: 00-791-5663

Federal Tax I.D.  No.: 25-0464690

Other contact information if applicable:

 

2.                                       Service under this Agreement is provided on:

 

x  Mainline Transmission System

 











 

3.                                       Maximum Daily Quantity (MDQ)

 

4.                                       Primary Receipt and Delivery Point(s)

 

	
Primary Receipt Point(s)**
   (Meter No. and/or Meter Name)
    	
 
    	
Base
   MDQ Allocation
    	
 
    	
Winter
   MDQ Allocation
    
	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    


 




** Receipt point MDQs do not include quantities required for retainage.

 

	
Primary Delivery Point(s)
   (Meter No. and/or Meter Name)
    	
 
    	
Base
   MDQ Allocation
    	
 
    	
Winter
   MDQ Allocation
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    


 

5.                                       Effective Date and Term:  This Exhibit A is effective 04/01/2011 and continues in full force and effect through 03/31/2016.*  For agreements twelve (12) months or longer, Customer and/or Equitrans may terminate the agreement at the end of the primary term by providing at least six (6) months prior written notice of such intent to terminate.

 

At the expiration of the primary term, this Exhibit A has the following renewal term (choose one):

 

o no renewal term

o through                         *

o for a period of                         *

x year to year* (subject to termination on six (6) months prior written notice)

o month to month (subject to termination by either party upon            days written notice prior to contract expiration)

o other (described in section 6 below)

 











 




* In accordance with Section 6.21 of the General Terms and Conditions, a right of first refusal may apply; any contractual right of first refusal will be set forth in Section 6 of this Exhibit A.

 

6.                                       Other Special Provisions:

 

 

 

IN WITNESS WHEREOF, Customer and Equitrans have executed this Exhibit A by their duly authorized officers, effective as of the date indicated above.

 

 

	
CUSTOMER:
    	
 
    	
EQUITRANS,   L.P.:
    
	
 
    	
 
    	
 
    
	
By:
    	
 
    	
 
    	
By:
    	
 
    
	
 
    	
Date
    	
 
    	
 
    	
Date
    
	
 
    	
 
    	
 
    	
 
    	
 
    
	
Title:
    	
 
    	
 
    	
Title:
    	
 
    
							


 











 

SCHEDULE A

 

This Schedule A is being provided pursuant to Instruction 2 to Item 601 of Regulation S-K to identify the material details in which the documents executed pursuant to this form differ.

 

I.                                         Contract No. EQTR11628-588

Dated March 23, 2011

 

·                             This is a new agreement.

 

·                             Alternate Exhibit A is dated December 1, 2011.

 

·                             Alternate Exhibit A — 3. Maximum Daily Quantity (MDQ):

 

	
Base   MDQ:
    	
26,915
    
	
 
    	
 
    
	
Winter   MDQ:
    	
50,536
    


 

·                             Alternate Exhibit A — 4. Primary Receipt and Delivery Point(s)

 

	
Primary Receipt Point(s)**
   (Meter No. and/or Meter Name)
    	
 
    	
Base
   MDQ Allocation
    	
 
    	
Winter
   MDQ Allocation
    	
 
    
	
11026 - TET 009 CRAYNE
    	
 
    	
7,000 Dth
    	
 
    	
 
    	
 
    
	
11182 - TET 007 MORRIS
    	
 
    	
9,915 Dth
    	
 
    	
 
    	
 
    
	
11546E - EQT GATH (PA SOUTH) TO EQT
    	
 
    	
5,000 Dth
    	
 
    	
 
    	
 
    
	
29004T - EQT GATH TO EQT (WV SOUTH)
    	
 
    	
5,000 Dth
    	
 
    	
 
    	
 
    
	
90003 - STORAGE BON OUT
    	
 
    	
 
    	
 
    	
50,536 Dth
    	
 
    


 




**Receipt point MDQs do not include quantities required for retainage

 

 

	
Primary Delivery Point(s)
   (Meter No. and/or Meter Name)
    	
 
    	
Base
   MDQ Allocation
    	
 
    	
Winter
   MDQ Allocation
    	
 
    
	
11089 - TEPE D144
    	
 
    	
 
    	
 
    	
10,000 Dth
    	
 
    
	
11090 - TEPE D145 - SYSTEM SUPPLY
    	
 
    	
 
    	
 
    	
40,563 Dth
    	
 
    
	
90001 - STORAGE BON IN
    	
 
    	
26,915 Dth
    	
 
    	
 
    	
 
    


 

II.                                     Contract No. EQTR11695-586

Dated April 1, 2011

 

·                             This Agreement supersedes, terminates, and cancels Contract No. EQTR11624-586, dated March 23, 2011.

 

·                             Alternate Exhibit A is dated December 1, 2011.

 

·                             Alternate Exhibit A — 3. Maximum Daily Quantity (MDQ):

 

	
Base   MDQ:
    	
76,142   Dth
    
	
 
    	
 
    
	
Winter   MDQ:
    	
137,010   Dth
    


 











 

·                             Alternate Exhibit A — 4. Primary Receipt and Delivery Point(s)

 

	
Primary Receipt Point(s)**
   (Meter No. and/or Meter Name)
    	
 
    	
Base
   MDQ Allocation
    	
 
    	
Winter
   MDQ Allocation
    	
 
    
	
11026 - TET 009 CRAYNE
    	
 
    	
50,000 Dth
    	
 
    	
 
    	
 
    
	
11183 - TCO - RHINEHART
    	
 
    	
10,000 Dth
    	
 
    	
 
    	
 
    
	
11546E - EQT GATH (PA SOUTH) TO EQT
    	
 
    	
7,500 Dth
    	
 
    	
 
    	
 
    
	
29004T - EQT GATH TO EQT (WV SOUTH)
    	
 
    	
8,642 Dth
    	
 
    	
 
    	
 
    
	
90003 - STORAGE BON IN
    	
 
    	
 
    	
 
    	
137,010 Dth
    	
 
    


 




**Receipt point MDQs do not include quantities required for retainage

 

	
Primary Delivery Point(s)
   (Meter No. and/or Meter Name)
    	
 
    	
Base
   MDQ Allocation
    	
 
    	
Winter
   MDQ Allocation
    
	
11089   - TEPE D144
    	
 
    	
 
    	
 
    	
10,000 Dth
    
	
11090   - TEPE D145 - SYSTEM SUPPLY
    	
 
    	
 
    	
 
    	
127,010 Dth
    
	
90001   - STORAGE BON IN
    	
 
    	
76,142 Dth
    	
 
    	
 
    


 

III.                                 Contract No. EQTR11667-591

Dated March 30, 2011

 

·                             This is a new agreement.

 

·                             Alternate Exhibit A is dated March 30, 2011.

 

·                             Alternate Exhibit A — 3. Maximum Daily Quantity (MDQ):

 

	
Base   MDQ:
    	
2,956   Dth
    
	
 
    	
 
    
	
Winter   MDQ:
    	
5,319   Dth
    


 

·                            Alternate Exhibit A — 4. Primary Receipt and Delivery Point(s)

 

	
Primary Receipt Point(s)**
   (Meter No. and/or Meter Name)
    	
 
    	
Base
   MDQ Allocation
    	
 
    	
Winter
   MDQ Allocation
    	
 
    
	
11546E - EQT GATH (PA SOUTH) TO EQT
    	
 
    	
500 Dth
    	
 
    	
 
    	
 
    
	
29004T - WEST UNION IN TO EQT
    	
 
    	
2,456 Dth
    	
 
    	
 
    	
 
    
	
90003 - STORAGE BON OUT
    	
 
    	
 
    	
 
    	
5,319 Dth
    	
 
    


 




**Receipt point MDQs do not include quantities required for retainage

 

	
Primary Delivery Point(s)
   (Meter No. and/or Meter Name)
    	
 
    	
Base
   MDQ Allocation
    	
 
    	
Winter
   MDQ Allocation
    
	
90001   - STORAGE BON IN
    	
 
    	
2,956 Dth
    	
 
    	
 
    
	
22873   - COMET
    	
 
    	
 
    	
 
    	
5,319 Dth
    


 











 

IV.                                Contract No. EQTR11670-593

Dated March 30, 2011

 

·                             This is a new agreement.

 

·                             Alternate Exhibit A is dated March 30, 2011.

 

·                             Alternate Exhibit A — 3. Maximum Daily Quantity (MDQ):

 

	
Base   MDQ:
    	
2,308   Dth
    
	
 
    	
 
    
	
Winter   MDQ:
    	
4,333   Dth
    


 

·                            Alternate Exhibit A — 4. Primary Receipt and Delivery Point(s)

 

	
Primary Receipt Point(s)**
   (Meter No. and/or Meter Name)
    	
 
    	
Base
   MDQ Allocation
    	
 
    	
Winter
   MDQ Allocation
    
	
11026   TET 009 CRAYNE
    	
 
    	
808 Dth
    	
 
    	
 
    
	
29004T   EQT GATH TO EQT (WV SOUTH)
    	
 
    	
1,500 Dth
    	
 
    	
 
    
	
90003   STORAGE BON OUT
    	
 
    	
 
    	
 
    	
4,333 Dth
    


 




**Receipt point MDQs do not include quantities required for retainage

 

	
Primary Delivery Point(s)
   (Meter No. and/or Meter Name)
    	
 
    	
Base
   MDQ Allocation
    	
 
    	
Winter
   MDQ Allocation
    
	
22873   - COMET
    	
 
    	
 
    	
 
    	
4,333 Dth
    
	
90001   - STORAGE BON IN
    	
 
    	
2,308 Dth
    	
 
    	
 
    


 

V.                                    Contract No. EQTR11630-585

 

Dated March 23, 2011

 

·                             This is a new agreement.

 

·                             Exhibit A is dated March 23, 2011.

 

·                             Exhibit A —  3. Maximum Daily Quantity (MDQ):  164,935 Dth

 

·                             Exhibit A —  4. Primary Receipt and Delivery Point(s)

 

	
Primary Receipt Point(s)**
   (Meter No. and/or Meter Name)
    	
 
    	
Base
   MDQ Allocation
    	
 
    	
Winter
   MDQ Allocation
    
	
11026-TET   009 Crayne
    	
 
    	
40,235 Dth
    	
 
    	
40,235 Dth
    
	
11140-DTI   Pratt
    	
 
    	
50,000 Dth
    	
 
    	
 
    
	
11179-TET   355 Delmont
    	
 
    	
7,200 Dth
    	
 
    	
7,200 Dth
    
	
11181-TET   020 Roberts
    	
 
    	
2,500 Dth
    	
 
    	
2,500 Dth
    
	
11182-TET   007 Morris
    	
 
    	
13,000 Dth
    	
 
    	
45,000 Dth
    
	
11183-TCO   Rhinehart
    	
 
    	
10,000 Dth
    	
 
    	
 
    
	
11221-TGP   Bradford Woods
    	
 
    	
20,000 Dth
    	
 
    	
20,000 Dth
    
	
11501-Mars   Crider
    	
 
    	
 
    	
 
    	
10,000 Dth
    
	
11537-Gordons   Lane from EQT Gath H-156
    	
 
    	
5,000 Dth
    	
 
    	
5,000 Dth
    
	
11546E-EQT   Gath to EQT Pa S/Waynesburg)
    	
 
    	
 
    	
 
    	
8,000 Dth
    


 











 

	
23115-TCO   Fallen Timber
    	
 
    	
17,000 Dth
    	
 
    	
 
    
	
29004T-EQT   Gath to EQT (WV S)
    	
 
    	
 
    	
 
    	
9,000 Dth
    
	
80005-National   Fuel Gas Independence
    	
 
    	
 
    	
 
    	
18,000 Dth
    


 




**Receipt point MDQs do not include quantities required for retainage.

 

	
Primary Delivery Point(s)
   (Meter No. and/or Meter Name)
    	
 
    	
Base
   MDQ Allocation
    	
 
    	
Winter
   MDQ Allocation
    
	
11089-TEPE   D144
    	
 
    	
10,000 Dth
    	
 
    	
10,000 Dth
    
	
11090-TEPD   D145 - System Supply
    	
 
    	
154,935 Dth
    	
 
    	
154,935 Dth
    


 

VI.                                Contract No. EQTR11672-590

Dated March 30, 2011

 

·                             This is a new agreement.

 

·                             Exhibit A is dated March 30, 2011.

 

·                             Exhibit A —  3. Maximum Daily Quantity (MDQ):  2,581 Dth

 

·                             Exhibit A —  4. Primary Receipt and Delivery Point(s)

 

	
Primary Receipt Point(s)**
   (Meter No. and/or Meter Name)
    	
 
    	
MDQ
   Allocation
    
	
11026   - TET 009 CRAYNE
    	
 
    	
1,500 Dth
    
	
11140   - CNG - PRATT
    	
 
    	
1,081 Dth
    


 




**Receipt point MDQs do not include quantities required for retainage.

 

	
Primary Receipt Point(s)**
   (Meter No. and/or Meter Name)
    	
 
    	
MDQ
   Allocation
    
	
22873   - COMET
    	
 
    	
2,581 Dth