Columbia Gas Transmission, LLC Section Original Volume No. 1.1 Version Non-Conforming Service Agreement No

Transcription

1 Columbia Gas Transmission, LLC Section 4.30 FERC GA Gas Tariff on-conf eg Rate Svc Agmts Original Volume o. 1.1 Version on-conforming Service Agreement o Eclipse Resources Marketing, LP Agreement Effective : October 1, 201 Issued: September, 201 Effective: October 1, 201

2 l Service Agreement o Revision o. 0 FTS SERVICE AGREEMET :.-_ \'t THIS AGREEMET is made und entered into this - day of August, 201, by uud between COLUMBIA GAS TRASMISSIO, LLC {''Trunspo11e1,') and ECLIPSE RESOURCES MARKETIJ>IG, LP ("Shipper"). WITESS ETH: Thnt in consideration of the mutunl covenants herein contnined, the purties hereto agree as follows: Section I. Service to be Rendered. Transpo11er shall perfom1 nnd Shipper shall receive service in accordnnce with the provisions of the effective Frs Rate Schedule nnd npplicable General Terms and Conditions oftransporter's FERC Gas T111iff, Fourth Revised Volume o. l ("Tnrifr'), on :file with the Federal Energy Regulatoty Commission ("Commission"), ns the same may be amended or supersedt:d in accordnnce with the rnles and regulations of the Commission. The maximum obligation of Transporter to deliver gas hereunder to or for Shipper, the designntion of the points of delivery nl which Trnnsporter shall deliver 01 cnuse gns to be delivered to or for Shipper, nnd the points of receipt nt which Shipper shall deliver or cause gas to be delivered, are specified in Appendix A, ns the same mny be amended from time to time by agreement between Shipper 11nd Transporter, or in accordance with the rnles and regulations of the Commission. To effectuate Shipper's transpo11ation, Trnnsporter has acquired off-system cnpacity (approvi:d by the Commission by Ordi:r issued December 30, 2015; 153 FERC ~ 1,382 P 45) ("DTI Capacity") on Dominion Transmission Inc. ("DTI"), in addition lo the trnnsportntion service to be rendered by Transporter. Section 2. Tenn. This Agreement shall be effective on the date that all oftransporler's Utica Access Project facilities necessary to provide linn lrnusportation service to Shipper have been commissioned, tested, and are ready for se1vice ns detennined in Transporter's discretion, currently estimated to be October l, 201, and shall remain in full force and effect for a term of fifteen ( 15) years from the in-service elate ("Initial Tem1"). Pre-granted abandonment shall apply upon tcnninntion of this Agreement, subject to any light of first refusal Shipper may have under the Commission's regulations and Transporter's Tariff. At end of the Initial Tern1, Shipper shall have the right to extend its Service Agreement for the 205,000 Dth/day for two (2) successive five year tc1ms (each an "Extended Term"), exercisable no later than fourteen (14) months prior to the expiration of the Initial Term or applicable Extended Term at the same rates and commercial tenns contained herein. Section 3. Rates. Shipper, having been npprise<l of the availability of a maximum recourse reservation rate for service under this Agreement, has elected to pay a formulaic daily negotiated reservation rate, as set fo 1h below: : 17:20 1/ Eclipse Marketing - Utica Access FTS (Partially Executed) August 31, 201.pdf (#91)

3 $0.395 per Dth, provided, however thnl during nny period Urnl the DTI Capacity has been released to Shipper, the rate shall be cqunl to $0.395 per Dth less the lower of S0. 18 per Dlh or the maximum capacity release rate applicable to the DTJ Cnpncity and shall apply during the Initial Tenn (and any applicable Extended Tenn) of this Service Agreement. In addition to the negotiated reservation rate, Shipper shall also pay: (11) nil commodity charges applicable to service under Rate Schedule FTS; (b) nil demand and commodity surcharges applicable to service under Rate Schedule FTS, including the Capital Cost Recovery Mechanism sw chargc, as well as the fuel retention applicable to the Rate Schedule FTS, as such may change from time lo time; nncl (c) all applicable dcmaucl nnd commodity surcharges and fuel retention applicnblc to the DTI Capacity. Shipper shall have full secondary receipt and delivery point access at no incremental charge. Section 4. otices. otices to Transporter under this Agreement shall be addressed to it al San Felipe, Suite 2500, Houston, Texas 7705, Attention: Customer Services and notices to Shipper shnll be nddressed toil at Eclipse Resources Marketing, LP, d Galesburg Rd., Suite 11 0, Stnte College, PA, 1803, Attention: Head of Marketing, until changed by eitherpmty by written notice. Section 5. Superseded Agreements. This Service Agreement supersedes und cancels, as nfthe effective date hereof, the fo llowing Service A1:,rreemcnt(s): IA. Section. Credit Annex. The credit requirements appended hereto ns Attachment A ore incorporated herein by reference with full force nnd eftect and are made a part of this Service Agreement ns though restated herein verbatim. Section 7. Capacity Release. Trnnsporter intends to release the DTI Capacity to Shipper according to the requirements and restrictions of DTl's FERC Gas Tnriff via DTl's electronic bulletin board system. Shipper shall accept all temporary releases of DTl Capacity from Transporter nt the applicable DTJ ctutently effective maximum rate during Ute terms of Shipper's Agreement with Transporter. Pursuant to the DTI FERC Gas Tariff, Shipper shall fulfill nil obligations and responsibilities required in the DTI tariff. Trnnspotter shall release the DTl Capacity on a basis that is recallable under DTl's tariff only in the event that Shipper is in breach of the Service Agreement, credit requirements in Attnchment A, or is in violation of the capacity release terms or violates DTI's FERC Gas Tarift~ and has failed lo cure such breach or violation within 15 (fifteen) business days of notice of such breach or violation. Shipper shall maintain the right to re-release the DTl Capacity released to it by Transporter :17:21 2/ Eclipse Marketing - Utica Access FTS (Partially Executed) August 31, 201.pdf (2/)

4 If Transporter loses access to the DTI Capncity due to tcrminnlion of lhe service agreement between Transporter nnd DTI under which such cnpacity is provided, and Trnnsporter is unable to continue to provide service to Shipper from the primary receipt point noted in Appendix A to the primary delivery point, then Shipper shall have the 1ight to te1minatc this Service Agreement, which termination shall be without liability or nccess to any other remedies between Transpmier and Shipper. ECLIPSE RESOURCES MARKETfG, LP By /~--- COLUMBIA GAS TRASMISSIO, LLC By a:~ Title Executive Vice President and Chief Financinl Officer Title R_U188~I~ Vice President ---.i~~/-1-l_./~ :17:21 3/ Eclipse Marketing - Utica Access FTS (Partially Executed) August 31, 201.pdf (3/)

5 0 b co 2 ---J Revision o. 0 Appendix. A to Service Agreement o Under Rate Schedule FTS between Columbia Gas Transmission. LLC ('"Transporter'') and Eclipse Resources Marketing, LP ("Shipper'') Tran..snomtion ~ Begin Dace I/ End I/ Transponation Demand ~ Recurrence Interval 1/1-1213!.:>. (;) Primarv Receipt Poincs Begin 11 End I/ Scheduling Point o. Y. EB495 Scheduling Point ame 'J!. Boltz Hill Mea..<uring Point o. TBD Measuring Point ame TBD Maximum Daily Quantity (Dthldav) Minimum Receipt Pressure Obligation (psig) Ji. Recurrence lntervnl l/1-12/31 ~m "'O (') D> - :l.-o - V> ~CD -<~ m D> x CD:>:" n CD c"" - :::J CD CO..e: I )>C c!::!:. co (') c D>!!?. )> (..) (') _~ ~ ~.,, cn-l -0 (/) a. ----i ~.:>. (11 Q) ~ (..)

6 0 _.. CJ) co -.J Primarv Ddiverv Points Begin II End 1: Scheduling Poinco. PIO Scheduling Measuring Measuring Point ame Point o. Point ame TCO Pool PIO TCO Pool Design Maximum Daily Daily Delivery Quantity Obligation (Dth/day) (12tb/dav) I/ }[ 205,000 Minimum Delivery Pres~ure Obligation (psig) J!_ Recurrence Interval J/ J-12/31!/ Per Seccion 2 of the Service Agn:cment. 2/ During periods when Transporter l!:ls released to Shipper the DTJ Capacity, Shipper's primary receipt point shall be the new Tr:m~'j)(lrter interconnect point with DTI near DTl's Cornwell compressor station located in Kanawha County, West Virginia Application ofmddos, DDQs and ADQs, minimum prcs.<11re and/or hourly flowratc shall be as follows; ~m ij (') Q) - ;:l.-o ~~ -< s: mw x ~ <D x C'> CD c::= -::J <D cc S )>C cc c""' (') c Q) ~)> c..> (') :'" lll ~""Tl -l ti en a.. -.J ~!:!2 C.11 CJ) ~w The M:ist<:r Li~t oflnlaconncct~ (''MLf') as deliaed in Section I of the General Tem1s and Conditions of Transporter's Tnriffis il1corpora!cd herein by reference: for purposes of lisring valid secondary interruptible receipc poin~~ and delivery points. Yes _X_ o (Check applicable blank) Transporter and Shipper h.wc murually agreed to a Regulatory Restrucruring Reduction Option pursuant to Section 42 of rbe General Tenn.~ and Conditions oftran.~porter's FERC Gas Tariff. _Yes _X_ o (Check applicable blank) Shipper has a coatraccual righr of first refusal equivalent to the right of first n:fusal set forth from time ro time in Section 4 of the General Terms and Conditions oftran.<paner's FERC Gas Tariff. _ Ycs _X_ o (Check applicable blank)' All ga.~ shall be delivered at existing points of interconnection within che MDDOs, ADQs and/orddqs. as applicable, set forth in Tran~portcr's curreruly cftecti~-c Rate Schedule Service,\greement o. Appendix A with Shipper, which are incorporated herein by reference.

7 0 <O ':':l - - _Yes _X_ o (Check applicable blank) This Service Agreement covers interim capacity sold pursuant 10 the provisions of General Terms and Conditions Section 4. Right of first refusal rights. if nny, applicable 10 this interim capacity are limited as provided for in General Terms and Conditions Section 4. _X_ Yes_ o (Check applicable blank) This Sen-ice Agreement covers off-system capacity sold pursuant to Section 47 of the General Terms and Conditions. Right of frrsl refusal right~. if any, applicable to this off-system capacity are limited as provided for in General Terms and Conditions Section 47. ECLfP~RKETIG,LP By,, Title Vf &.. c'fo ~ [ '3 l _)_,, l b... COLUMB~S TRASMISSIO, LLC By -~ T~ Title IJ I t:e: //!.ef/~_ er/j///.- ' O> ~m -0 0 ~.g - en ~Cl> -< s: md> x""' Cl> ;I<:" 0 <I> c: ~ -:::J <D co E; I )::> C c z. co 0 c D>!!!. )::> w8 _ <D ~ ~,, -i i::i en c. --.J ~ ~~ ~(..)