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AGREEMENT made as of this 26 day of November, 2003, by and between DOMINION TRANSMISSION, INC., a Delaware corporation, hereinafter called “Pipeline,” and WASHINGTON GAS LIGHT COMPANY, a District of Columbia and Virginia corporation, hereinafter called “Customer.”
WHEREAS, by Order issued by the Federal Energy Regulatory Commission (“FERC”) on September 11, 2003 in Docket Nos. CP03-41-000 and CP03-43-000, Pipeline was issued a certificate of public convenience and necessity pursuant to Section 7 of the Natural Gas Act and Part 157 of the Commission’s Regulations authorizing Pipeline to construct, own, and operate facilities providing a total of 223,000 Dekatherms (Dt) per day of firm transportation service and a total of 5.6 Bcf of firm storage capacity (the “Mid-Atlantic Project”);
WHEREAS, Pipeline has accepted the certificate issued by the FERC in Docket Nos. CP03-41-000 and CP03-43-000;
WHEREAS, Customer has requested that Pipeline transport natural gas for it as part of the Mid-Atlantic Project; and
WHEREAS, Pipeline is willing to provide transportation service for Customer as part of the Mid-Atlantic Project commencing on November 1, 2004, or as soon as any additional necessary rights and regulatory approvals are received and accepted by Pipeline and as the necessary facilities are constructed and ready for service.
WITNESSETH: That, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:
A. During the term of this Agreement, Pipeline will transport for Customer, on a firm basis, and Customer may furnish, or cause to be furnished, to Pipeline natural gas for such transportation, and Customer will accept, or cause to be accepted, delivery from Pipeline of the quantities Customer has tendered for transportation.
B. The maximum quantities of gas which Pipeline shall deliver and which Customer may tender shall be as set forth on Exhibit A, attached hereto.
A. Unless otherwise mutually agreed in a written amendment to this Agreement, Customer shall pay Pipeline for transportation services rendered pursuant to this Agreement, the maximum rates and charges provided under Rate Schedule FTNN for the Mid-Atlantic Project set forth in the “Summary of Incremental Rates” in Pipeline’s effective FERC Gas Tariff, including applicable surcharges and the Fuel Retention Percentage. Upon the beginning of the term of this Agreement, that rate shall be consistent with the FERC’s order granting Pipeline its certificate in Docket Nos. CP03-41-000 and CP03-43-000 (as modified upon rehearing, if applicable).
B. Pipeline shall have the right to propose, file and make effective with the FERC or any other body having jurisdiction, revisions to any applicable rate sched