Exhibit
10.9


 


ELECTRIC
SERVICE AGREEMENT


INTERSTATE
POWER AND LIGHT COMPANY


 


 


Account No.


 


 


This agreement made
this 13th day of August, 2003 by and between INTERSTATE POWER AND LIGHT COMPANY (a
wholly owned subsidiary of Alliant Energy Corporation), an Iowa corporation
headquartered at 200 First Street SE, Cedar Rapids, Iowa 52401, (hereinafter
referred to as “the Company”) and Golden Grain Company, a
corporation/partnership/proprietorship with principal offices at New Hampton,
IA 50659, (hereinafter referred to as “the Customer”):


 


WITNESSETH:


 


NOW,
THEREFORE, in consideration of the mutual promises and upon
the following terms and conditions, the parties agree as follows:


 


1.             This
Agreement is effective for a period starting June 1, 2004, and ending May 31,
2007, and thereafter from month to month until either party gives at least 60
days’ written notice to terminate, and at the expiration of such notice period
this Agreement shall terminate.  In the
event facilities are extended by the COMPANY to provide service, the above
effective period shall be three years. 
After the second full year of service, the CUSTOMER’S billings for the
second year of service will be reviewed to determine base revenue (total rate
schedule charges, less charges applicable to energy efficiency programs and
cost of energy).  If CUSTOMER was billed
less than the minimum annual base revenue (facility extension investment
divided by three) required to support the $76,130 of facility extension
investment (total facility extension investment less any initial advance or
contribution), CUSTOMER will be assessed an advance or contribution,
supplemental to any previous advance or contribution, to reduce the investment
in the facility extension to the level supported by CUSTOMER’S second-year base
revenue.  This Agreement supersedes all
previous electric service agreements between the parties and represents the
parties’ complete understanding and shall govern in case of conflict with any
other documents and oral representation concerning the subject matter hereof.


 

















 


2.             Company will furnish alternating
current electricity (hereinafter called “electric service”) for all electric
energy required by the CUSTOMER through one meter location at the CUSTOMER’S
premises in accordance with the Supply Information set forth in Exhibit A.  A separate service agreement shall be
required for additional meter location(s).


 


3.             CUSTOMER
will observe the rules and regulations of COMPANY pertaining to electric
service and will not create a demand for electric service in excess of KVA
quantity set forth in Exhibit A without first notifying COMPANY in writing of
such increase in demand and giving COMPANY sufficient time in which to provide
additional line capacity and other electrical equipment if required.


 


4.             CUSTOMER
shall use and pay for such service in accordance with the terms and conditions
of this Agreement and the prices set forth in the price schedule(s) specified
in Exhibit A, or such other applicable price schedule as hereafter at any time
may be established for this class of service within the authority of the Iowa
Utilities Board or such other regulatory authority having jurisdiction.  Notwithstanding any other provision of this
Agreement, all prices and charges contained in this Agreement may be modified
at any time by a subsequent filing made pursuant to the provisions of Chapter
476 of the Code of Iowa.


 


5.             It
is understood by the CUSTOMER that, if at any future time it should elect to
accept service under some other available electric service price that might
prove more advantageous, any expense brought about by necessary wiring changes
on its premises shall be borne by the CUSTOMER.  The electric service furnished under this Agreement includes only
that which is incidental to the CUSTOMER and no part of the said electric
service shall be sold by the CUSTOMER to any other parties.


 


6.             If
any portion of the electric demand is contracted as interruptible, then upon
notice by COMPANY the CUSTOMER shall curtail or lower the demand as directed by
COMPANY.  Any demand taken by the
CUSTOMER during an ordered curtailment period shall be paid by CUSTOMER, in
accordance with the demand charges and penalty set out in the Price Schedule(s)
shown on Exhibit A.


 


7.             COMPANY
shall not be liable for any loss or damage of any nature whatsoever incurred or
suffered as a result of any failures or delays in the performance of its
obligations under this Agreement due to any cause or circumstance beyond its
control, including but not limited to strikes, riots, acts of God, or accidents;
provided, however, that COMPANY shall in good faith use such effort as is
reasonable


 


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under all the circumstances known to COMPANY at the time to remove or
remedy the cause and mitigate the damages.


 


8.             This Agreement shall be binding
upon the successors and assigns of both parties, and may be amended from time
to time as mutually agreed in writing. 
This Agreement shall be governed by the laws of the State of Iowa.  All communications related to this Agreement
shall be to the persons listed below or to such other persons as the parties
may specify in writing:


 


	
  COMPANY NAME:

  	
   

  	
  INTERSTATE POWER AND LIGHT COMPANY

  
	
  Contact Name:

  	
   

  	
  David H. Berentsen

  
	
  Title:

  	
   

  	
  Manager of Regulatory Pricing

  
	
  Address:

  	
   

  	
  P.O. Box 351

  
	
  City, State, Zip Code:

  	
   

  	
  Cedar Rapids, IA 52406

  
	
  Phone

  	
   

  	
  319-786-7653

  



 


 


IN
WITNESS WHEREOF, the parties hereto have caused these presents to be executed
as of the day and year first above written.


 


 


	
   

  	
  CUSTOMER:

  	
  GOLDEN GRAIN COMPANY

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Walter Wendland

  
	
   

  	
  Title:

  	
  President

  
	
   

  	
  (Print
  Name)  Walter Wendland

  
	
   

  	
   

  	
   

  
	
   

  	
  COMPANY:

  	
  INTERSTATE
  POWER AND LIGHT COMPANY

  (a wholly owned subsidiary of

  Alliant Energy Corporation)

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  Debra Marson

  
	
   

  	
  Title:

  	
  Key
  Account Manager

  
	
   

  	
  (Print Name) 
  Debra Marson

  
									



 


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EXHIBIT
A


 


TO AGREEMENT DATED
                                                                                                        
BY AND BETWEEN


 


INTERSTATE
POWER AND LIGHT COMPANY


 


AND
GOLDEN GRAIN COMPANY


 


	
  (1)

  	
   

  	
  Point of Delivery to Customer:

  	
   

  	
  Utility Primary Meter

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
  (2)

  	
   

  	
  Electric Service Demand

  	
   

  	
  4500 KVA

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
  (3)

  	
   

  	
  Service Voltage

  	
   

  	
  13,800    Volts

  	
   

  	
  3 Phase

  	
   

  	
  60 Hertz

  	 

	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
  (4)

  	
   

  	
  Metering Voltage

  	
   

  	
  13,800    Volts

  	
   

  	
   

  	
   

  	
   

  	 

	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
  (5)

  	
   

  	
  Interruptible Service: Yes/No

  	
  No

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
  (6)

  	
   

  	
  Total Excess Facilities Cost:

  	
   

  	
  $    -0

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Monthly Excess Facilities Charge

  	
   

  	
   

  	
  $   -0

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Attach Excess Facilities Itemization to contract.

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  (8)

  	
   

  	
  Advance or contribution to Service Extension

  	
   

  	
  $          -0

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Based upon expected annual base revenue of

  	
   

  	
  $           615,614

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Total rate schedule charges, less charges applicable
  to energy efficiency programs and cost of energy - times three or $   1,846,842,
  and extension investment of $ 76,130

  	 

	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
  (9)

  	
   

  	
  Account
  Number (s)

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
  (10)

  	
   

  	
  Meter
  Number(s)

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	 

	
  (11)

  	
   

  	
  Applicable Price Schedule

  	
   

  	
  Large Power & Lighting 440

  	 

																																				



 


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