Exhibit
10.30


 


REDACTED


 


 


	
  

  A Duke Energy Company

   

  C. Gregory Harper

  Vice President, East Tennessee Natural Gas Company

  	
  East
  Tennessee

  Natural Gas Company

  5400 Westheimer Court

  Houston, TX 77056-5310

   

  Mailing
  Address

  P.O. Box 1642

  Houston, TX 77251-1642

  



 


December 1, 2001


 


Confidential


 


Mr. Paul Garner

Duke Energy Murray, LLC

5400 Westheimer Court

Houston, Tx 77056


 


Re:                  Firm
Transportation Discount to Duke Energy Murray, LLC (“Duke Energy Murray”)

East Tennessee Natural Gas Company, FT-AGW
Contract No. [410057]


 


Dear Paul:


 


In response to your request and pursuant to Section
4.1 of East Tennessee Natural Gas Company’s (ETNG) FT-AGW Rate Schedule (Second
Revised Volume No. 1, Original Sheet Number 9), ETNG hereby agrees to adjust
its then applicable FT-AGW Transportation rate for the above-referenced
contract (Contract) as follows:


 


1.)                      For
the period commencing December 1, 2001 and extending through October 31, 2016,
for firm transportation from the primary receipt point at El Paso-Ridgetop
(meter number 53101) to Duke Energy Murray at the primary delivery point at VS
3214 (meter number TBD), or for transportation from any secondary receipt point
to any secondary delivery point with full flexibility on secondary nominations
on ETNG’s system the applicable FT-AGW rates will be:


 


a)                        The
lesser of a monthly reservation rate of [* * *] per Dth (exclusive of the
reservation GRI surcharge), or [* * *] rate, and


 


b)                       The
[* * *] rate, and


 


c)                        The
applicable FT-AGW retention rates for fuel use, and lost and unaccounted for
gas and all applicable surcharges, including the GRI surcharge.


 


2.)                      Discounted
rates stated herein will be applicable only to Duke Energy Murray for a
Transportation Quantity (TQ) of [* * *] Dth per day for the Primary Receipt
Point(s) and Primary Delivery Point(s) defined in Exhibit A of the Contract
without restriction to the Secondary Receipt Point(s) and Secondary Delivery
Point(s), under Rate Schedule FT-AGW, for the time period specified in
paragraph 1 above. All other services shall be provided at the maximum
applicable rates.


 


3.)                      Should
the Federal Energy Regulatory Commission, or any court having jurisdiction, at
any time disallow any rate discount agreed to by ETNG herein, or at any time
impute to this


 


_________


*** Certain information on this page has
been omitted and filed separately with the SEC. Confidential treatment has been
requested with respect to the omitted portions.


 

















 


service, for purposes of establishing ETNG’s rates for
service, a rate higher than the discounted rate provided for herein, then ETNG’s
maximum applicable FT-AGW rates shall apply to all transportation services
affected by such action from the date of the order, In no event will ETNG
charge in excess of the applicable maximum FT-AGW transportation rates
established in ETNG’s tariff nor less than the applicable minimum FT-AGW rates.


 


4.)                      In
the event ETNG interrupts or curtails service for any reason other than
Operational Flow Orders and events of force majeure, as described in Sections
14 and 24 of ETNG’s FERC Gas Tariff, and Duke Energy Murray has previously paid
for such service, ETNG shall credit Duke Energy Murray’s next monthly bill an
amount equal to the Reservation Charge specified in Exhibit A hereto,
multiplied by the number of days of interruption or curtailment.


 


5.)                      Duke
Energy Murray acknowledges and agrees that all terms and conditions of ETNG’s
FERC Gas Tariff, as effective from time to time, and applicable form of service
agreement, including provisions for filing of changes in ETNG’s FERC Gas Tariff
and rates, which changes may affect this Agreement, are applicable to the
FT-AGW Service Agreement. In the event of a conflict between this Agreement and
ETNG’s FERC Gas Tariff an/or form of service agreement, ETNG’s FERC Gas Tariff
and/or the form of service agreement shall control.


 


6.)                      This
Agreement shall be interpreted and performed in accordance with the laws of the
State of Tennessee without recourse to the law governing conflict of laws.


 


Please acknowledge your acceptance of this proposal by
having an authorized representative of Duke Energy Murray sign below in the
space provided and returning both originals to ETNG in the enclosed envelope.
This Agreement will not become effective until executed by both parties.


 


	
  Sincerely

  
	
  /s/ C. Gregory Harper

  	
   

  
	
  C. Gregory Harper

  Vice President, East
  Tennessee Natural Gas Company SSL

  



 


Agreed to and accepted this
1st day

of December, 2001


 


	
  Duke
  Energy Murray, LLC

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  By: 

  	
  /s/ Larry Wall

  	
   

  	
   

  	
   

  	
   

  
	
  Its: 

  	
  Vice President

  	
   

  	
   

  	
   

  	
   

  
								



 


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