CIG-2012.12.31-EX 10.1


Exhibit 10.1


Agreement No. 31050000G


Amended and Restated No‐Notice Storage and Transportation Delivery Service Agreement
Rate Schedule NNT‐1


between


Colorado Interstate Gas Company, L.L.C.


and


Public Service Company of Colorado, a Colorado corporation
(Shipper)


Dated: October 1, 2001, amended and restated as of:  May 1, 2012


Amended and Restated No-Notice Storage and Transportation
Delivery Service Agreement (“Agreement”)
Rate Schedule NNT-1
Dated: October 1, 2001, amended and restated as of:  May 1, 2012


The Parties identified below, in consideration of their mutual promises, agree as follows:


		
	1.
	Transporter: COLORADO INTERSTATE GAS COMPANY, L.L.C.




		
	2.
	Shipper:  Public service company of colorado, a Colorado corporation




		
	3.
	Applicable Tariff: Transporter's FERC Gas Tariff, Second Revised Volume No. 1, as the same may be amended or superseded from time to time ("the Tariff").  Capitalized terms used in this Agreement and not defined elsewhere have the meanings given to them in the Tariff.




		
	4.
	Changes in Rates and Terms: Transporter shall have the right to propose to the FERC changes in its rates and terms of service and this Agreement shall be deemed to include any changes which are made effective pursuant to FERC Order or regulation or provisions of law, without prejudice to Shipper's right to protest the same.




		
	5.
	Transportation Service: Transportation Service at and between Point of Withdrawal and Primary Point(s) of Delivery shall be on a firm basis. Delivery of quantities at Secondary Point(s) shall be in accordance with the Tariff.




		
	6.
	Delivery: Transporter agrees to transport and deliver Delivery Quantities to Shipper (or for Shipper's account) at the Point(s) of Delivery identified in the attached Exhibit A.  Minimum and maximum delivery pressures, as applicable, are listed on Exhibit A.




		
	7.
	Rates and Surcharges: As set forth in Exhibit B. Transporter and Shipper may also agree to a discount using one of the discount types described in Section 4.16 of the General Terms and Conditions of the Tariff.




		
	8.
	For the period May 1, 2012 through March 31, 2016.


Maximum Delivery Quantity ("MDQ"):   637,144 Dth per Day.
Maximum Available Capacity ("MAC"):  21,352,477 Dth.
Maximum Daily Injection Quantity ("MDIQ"): 209,980 Dth per Day.
Maximum Daily Withdrawal Quantity ("MDWQ"): 637,144 Dth per Day.


All storage entitlements as stated herein ("MAC", "MDIQ", and "MDWQ") are based on an Average Thermal Content of Gas in Storage of 1,000 Btu per cubic foot. The Available Daily Injection Quantity ("ADIQ"), Available 





Exhibit 10.1


Daily Withdrawal Quantity ("ADWQ"), and storage entitlements shall be subject to the General Terms and Conditions of the Tariff and stated on Transporter's Electronic Bulletin Board.


		
	9.
	Negotiated Rate:  Yes _____    No   X   




		
	10.
	Term of No-Notice Storage and Transportation Service:    


Beginning: October 1, 2001     Ending:    March 31, 2016


		
	11.
	Notices, Statements, and Bills:




To Shipper:
Invoices:
Public Service Company of Colorado
1800 Larimer Street, Suite 1200
Denver, CO 80202-4256
Attn:  Manager, Commercial Accounting


All Notices:
Public Service Company of Colorado
1800 Larimer Street, Suite 1000
Denver, CO 80202-4256
Attn:  Curt Dallinger


To Transporter:
See “Points of Contact” in the Tariff.


		
	12.
	Effect on prior Agreement: When this Agreement becomes effective, it shall amend and restate the following agreement between the Parties: The No-Notice Storage and Transportation Delivery Service Agreement between Transporter and Shipper dated September 1, 2011, and referred to as Transporter's Agreement No. 31050000F.




		
	13.
	Municipality Limited Liability:  N/A.




		
	14.
	Application of Tariff Provision: N/A.




		
	15.
	Incorporation by Reference: This Agreement in all respects shall be subject to the provisions of the Tariff (as it may be amended pursuant to Section 14 of the Agreement.)









Exhibit 10.1


IN WITNESS WHEREOF, the Parties have executed this Agreement.  This Agreement may be executed by electronic means and an electronic signature shall be treated in all respects as having the same effect as a handwritten signature.


	
		
	Transporter:
	Shipper:

	COLORADO INTERSTATE GAS COMPANY, L.L.C.
	PUBLIC SERVICE COMPANY OF COLORADO

	 
	 

	By: /s/ THOMAS L. PRICE                         


	By: /s/ CURTIS C DALLINGER

	Name: Thomas L. Price
	Name: Curtis C Dallinger

	Title: Vice President
	Title: Director Gas Resource Planning Xcel Energy Services Inc. Authorized Agent for Public Service Company of Colorado

	 
	 

	Accepted and agreed to this
	Accepted and agreed to this

	13 day of March, 2012.
	28 day of March, 2012.

	 
	 















Exhibit 10.1


Agreement No. 31050000G
Exhibit A
to
Amended and Restated No‐Notice Transportation Service Agreement
Rate Schedule NNT‐1
between
Colorado Interstate Gas Company, L.L.C.
and
Public Service Company of Colorado, a Colorado corporation
(Shipper)


Dated:  October 1, 2001, amended and restated as of:  May 1, 2012


		
	1.
	Shipper's Maximum Delivery Quantity ("MDQ"): (See ¶8)


		
	2.
	Shipper's Maximum Available Capacity ("MAC"):  (See ¶8)


		
	3.
	Shipper's Maximum Daily Injection Quantity ("MDIQ"):  (See ¶8)


		
	4.
	Shipper's Maximum Daily Withdrawal Quantity ("MDWQ"):  (See ¶8)




	
					
	Primary Point(s) of
Delivery (Note 1)
	Effective Dates
	Primary Point(s) of
Delivery Quantity
(Dth per Day)
(Note A)
	Minimum Delivery
Pressure p.s.i.g. (Note 3)
	Maximum Delivery 
Pressure p.s.i.g. (Note 3)

	Brush Group (BRS) 
(Note 6a)
	(See ¶8)
	4,000
	 
	 

	East Denver Group (EDE) (Note 6a)
	(See ¶8)
	581,029
	 
	 

	First Creek (FSC) (Note 6b)
	(See ¶8)
	—
	Transporter's Line Pressure
	920

	Ft. Lupton (FTL) (Note 6a)
	(See ¶8)
	—
	750
	822

	Greeley Group (GRE) 
(Note 6b)
	(See ¶8)
	—
	 
	 

	Pueblo Group (PUE) 
(Note 6a)
	(See ¶8)
	52,115
	 
	 

	Total
	 
	637,144
	 
	 




                                                                              





Exhibit 10.1


	
					
	Exhibit A
(cont.)



	Secondary Point(s) of Delivery  (Note 1)
	Effective Dates
	Secondary Point(s) of
Delivery Quantity
(Dth per Day)
(Note 2)
	Minimum Delivery
Pressure p.s.i.g. (Note 3)
	Maximum Delivery 
Pressure p.s.i.g. (Note 3)

	Aristocrat High (ASH)
J92244 (Note 6e)
	(See ¶8)
	 
	Transporter's Line Pressure
	1,440

	Aristocrat Low (AST)
J92244 (Note 6c)
	(See ¶8)
	 
	Transporter's Line Pressure
	850

	Beaver Creek Lateral  (BCL) J92149 (Note 6c)  
	(See ¶8)
	151,000
	500
	1,000

	Blue Spruce  (BLU)  J92088 (Note 6c)
	(See ¶8)
	 
	Transporter's Line Pressure
	920

	Corral Gulch (CRG) K91802
(Note 6d)
	(See ¶8)
	 
	700
	1,000

	Fort Lupton High (FLH)
J92055 (Note 6e)
	(See ¶8)
	 
	Transporter's Line Pressure
	1,440

	Hudson High (HUD) 
J92106 (Note 6e)
	(See ¶8)
	 
	Transporter's Line Pressure
	1,440

	Hudson Low Pressure (HSN) J92106 (Note 6c)
	(See ¶8)
	 
	550
	1,440

	Little Horse (LTH)  K91778 (Note 6d)
	(See ¶8)
	 
	700
	1,000

	Lodgepole (LPM)
 J91989 (Note 6d)
	(See ¶8)
	 
	753
	850

	Midway Public Service (MWP) 
 (Note 6c)
	(See ¶8)
	 
	165
	614

	Midway PSCo High (MPH)
(Note 6e)
	(See ¶8)
	 
	490
	1,440

	Ponderosa (PON)  J96046
(Note 6d)
	(See ¶8)
	 
	920
	Transporter's Line Pressure

	Rifle (RIF)  J92291 (Note 6d)
	(See ¶8)
	 
	750
	1,116

	Skyline (SKL) J91807 (Note 6c)
	(See ¶8)
	 
	550
	822

	St. Vrain (STV) J92191 (Note 6e)
	(See ¶8)
	 
	Transporter's Line Pressure
	1,440






NOTES:
(A)Attached below is a table entitled “Primary Points of Delivery” that details the individual Primary Point(s) of Delivery, Points of Delivery Quantity, and delivery pressures. Shipper shall have the right to take Delivery of quantities up to the group aggregate limit listed above at any point within the group subject to the lesser of the Primary Point of Delivery Quantity or the meter capacity.







Exhibit 10.1


Primary Point(s) of Delivery	
					
	Primary Point(s) of
Delivery (Note 1)
	Effective Dates
	Primary Point(s) of
Delivery Quantity
(Dth per Day) (Note 2)
	Minimum Delivery
Pressure p.s.i.g. (Note 3)
	Maximum Delivery 
Pressure p.s.i.g. (Note 3)

	Ft. Lupton (FTL)
	(See ¶8)
	68,280
	750
	822

	EAST DENVER GROUP DRN: 2167
	 
	 
	 

	Arapahoe Hills
	(See ¶8)
	156
	Transporter's Line Pressure
	Transporter's Line Pressure

	East Denver (EDE) J91077
	(See ¶8)
	482,040
	250
	285

	East Quincy (EDE)  J91081
	(See ¶8)
	48,464
	280
	720

	Grimm (EDE)  J91078
	(See ¶8)
	360
	200
	400

	Harvest Mile (EDE) J92202
	(See ¶8)
	2,700
	285
	820

	Hidden Village (EDE)
	(See ¶8)
	521
	Transporter's Line Pressure
	820

	Inspiration Point (EDE) J91079
	(See ¶8)
	106
	(Note 4)
	820

	Mesa (EDE)  J91107
	(See ¶8)
	403,000
	275
	740

	Schaeffer Weeks (EDE) J91080
	(See ¶8)
	2,948
	200
	740

	Second Creek  (EDE) 
J91827
	(See ¶8)
	1,424
	400
	822

	Smokey Hill (EDE)  J92037 DRN: 283184
	(See ¶8)
	10,558
	(Note 4)
	820

	Whispering Pines (EDE) J91777
	(See ¶8)
	270,805
	(Note 5)
	650

	GREELEY GROUP DRN:2771
	 
	 
	 

	Ault (GRE)  J91110
	(See ¶8)
	91,400
	550
	850

	Greeley (GRE) 
J91109
	(See ¶8)
	75,500
	550
	850

	Norfolk
	(See ¶8)
	10,750
	460
	850













Exhibit 10.1


	
					
	Exhibit A
(cont.)



	Primary Point(s) of
Delivery (Note 1)
	Effective Dates
	Primary Point(s) of
Delivery Quantity
(Dth per Day) (Note 2)
	Minimum Delivery
Pressure p.s.i.g. (Note 3)
	Maximum Delivery 
Pressure p.s.i.g
(Note 3)

	PUEBLO GROUP DRN: 41449:
	 
	 
	 

	Air Base (PUE) J91088
	(See ¶8)
	1,559
	100
	100

	B.F. Goodrich (PUE)
DRN: 134584 & MS#J91689
	(See ¶8)
	159
	100
	337

	Colorado Fire Clay Co. (PUE)
	(See ¶8)
	256
	Transporter's Line Pressure
	659

	Comanche Power Plant (CPP)  J91700
	(See ¶8)
	15,000
	200
	400

	Dave Fountain Tap (PUE)
	(See ¶8)
	64
	Transporter's Line Pressure
	Transporter's Line Pressure

	Devine (Avondale-Boone) (PUE)  J91089
	(See ¶8)
	962
	150
	150

	Hendrick Tap (PUE)
	(See ¶8)
	90
	Transporter's Line Pressure
	Transporter's Line Pressure

	Pinon (PUE)
	(See ¶8)
	39
	Transporter's Line Pressure
	614

	Pueblo County Poor Farm (PUE) J91090
	(See ¶8)
	1,689
	150
	150

	Pueblo North (PUE)
J91086
	(See ¶8)
	21,310
	150
	150

	Pueblo South (PUE) J91087
	(See ¶8)
	43,790
	225
	225

	Pueblo West (PUE)
J91091
	(See ¶8)
	14,400
	285
	285

	Pueblo West Reserve (PUE)  J92026
	(See ¶8)
	480
	285
	285

	Vineland  (PUE) J91092
	(See ¶8)
	650
	50
	50

	Welton Ditch Company Tap
	(See ¶8)
	127
	Transporter's Line Pressure
	Transporter's Line Pressure

	BRUSH GROUP DRN: 41446:
	 
	 
	 

	Brush (BRS) J91082
	(See ¶8)
	4,741
	125
	125

	Fort Morgan Country Club (BRS)  J91083
	(See ¶8)
	272
	150
	150

	Wauketa (Log Lane) J91084
	(See ¶8)
	1,361
	90
	90

	Wiggins/Roundup (BRS) 
J91112
	(See ¶8)
	36,131
	600
	1,000

	Brush Grp Hiline Tap including:
	 
	1,358
	 
	 

	3T Cattle Company
	(See ¶8)
	 
	Transporter's Line Pressure
	825

	Front  Range Airport
	(See ¶8)
	 
	Transporter's Line Pressure
	1,000

	Tom Cooper
	(See ¶8)
	 
	Transporter's Line Pressure
	825

	John Yager Tap
	(See ¶8)
	 
	Transporter's Line Pressure
	1,050








NOTES:


(1)    Point(s) of Delivery eligible for service are referenced in Section 30 of the General Terms and Conditions of the Tariff.


(2)    The sum of the Delivery Quantities at Point(s) of Delivery shall not be greater than Shipper's MDQ.


(3)    Pressure conditions shall be in accordance with Section 5.4 of the General Terms and Conditions of the Tariff.


(4)    Maximum pressure is line pressure not less than 350 p.s.i.g. in November, December, January, and February; not less than 325 p.s.i.g. in September, October, March, and April; and not less than 260 p.s.i.g. in May, June, July, and August.


(5)    Not less than 325 p.s.i.g. in March - October, not less than 400 p.s.i.g. in November - February except during peak day operations (expected ambient temperatures of less than -5 Degrees Fahrenheit) when 500 p.s.i.g. can be supported for periods 





Exhibit 10.1


up to 3 consecutive 24 hour periods when requested by phone or electronic mail with 12 hours notice to Transporter of need and the availability of peak day storage deliverability.


(6)    Subject to Section 30 of the tariff, the location service descriptions are:
a.Primary NNT Balancing Point with entitlement.  Hourly service with peak hour transfer.  (Section 30.1)
b.Primary NNT Balancing Point without entitlement.  Hourly service with peak hour transfer.  (Section 30.2)
c.Secondary NNT Balancing Point-.  Hourly service with peak hour transfer.  (Section 30.4)
d.Secondary NNT Balancing Point.  Daily balancing only with no hourly service.    (Section 30.3)
e.Secondary NNT Balancing Point.  Hourly NNT service with peak hour transfer based on high pressure HEEN option.    (Section 30.4(a))













Exhibit 10.1


Agreement No. 31050000G
Exhibit B
to
Amended and Restated No‐Notice Transportation Service Agreement
Rate Schedule NNT‐1
between
Colorado Interstate Gas Company, L.L.C.
and
Public Service Company of Colorado, a Colorado corporation
(Shipper)


Dated:  October 1, 2001, amended and restated as of:  May 1, 2012




	
				
	 
	Quantity
Injection/Withdrawal Rate
	Fuel Reimbursement
	Surcharges

	Storage Injection...................................................
	(Note 1)
	(Note 2)
	(Note 3)








	
					
	Primary Point(s) of Delivery (Note 4)
	R1 Reservation Rate
	Quantity
Delivery Rate
	Effective Dates
	Surcharges

	As listed on Exhibit A
	(Note 1)
	(Note 1)
	(See ¶8)
	(Note 3)






NOTES:
		
	(1)
	Unless otherwise agreed by the Parties in writing, the rates for service shall be Transporter's maximum rates for service under Rate Schedule NNT‐1 or other superseding Rate Schedule, as such rates may be changed from time to time.




		
	(2)
	Fuel Reimbursement shall be as stated on Transporter's Schedule of Surcharges and Fees in The Tariff, as they may be changed from time to time, unless otherwise agreed between the Parties.  Quantities scheduled by Transporter from/to Primary and/or Secondary or Segmented Point(s) on any off-system capacity held  by Transporter shall be subject to Transporter's Third Party Charges as described on Transporter's EBB and/or pursuant to Section 4.3 of the General Terms and Conditions of the Tariff.




		
	(3)
	Applicable Surcharges:




All applicable surcharges, unless otherwise specified, shall be the maximum surcharge rate as stated in the Schedule of Surcharges and Fees in The Tariff, as such surcharges may be changed from time to time.


Gas Quality Control Surcharge:
The Gas Quality Control Reservation Rate and commodity rate shall be assessed pursuant to Section 17.4 of the General Terms and Conditions set forth in the Tariff.


ACA:
The ACA Surcharge shall be assessed pursuant to Section 17.2 of the General Terms and Conditions as set forth in The Tariff.


		
	(4)
	Point(s) of Delivery eligible for service are described in Section 30 of the General Terms and Conditions of the Tariff and posted on Transporter's Electronic Bulletin Board.