San Diego Gas & Electric Co · 10-K · For 12/31/98 · EX-10

Filed On 3/31/99   ·   SEC File 1-03779   ·   Accession Number 86521-99-8

Annual Report   ·   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                         81±   375K 
 2: EX-3        Ex 3.01 Bylaws of Sdg&E                               10±    52K 
 3: EX-10       Ex 10.61                                               4±    21K 
 4: EX-10       Ex 10.62                                               4±    19K 
 5: EX-10       Ex 10.63                                              10±    45K 
 6: EX-10       Ex 10.64                                              10±    46K 
 7: EX-12       Ex 12.1 Ratios                                         2±     9K 
 8: EX-23       Ex 23.01 Indep Auditors' Consent                       1      6K 
 9: EX-27       Financial Data Schedule                                2±     8K 

EX-10   ·   Ex 10.61

Sponsored Ads...

MASTER SERVICES CONTRACT    Exhibit 10.61                                       

SCHEDULE J                                                                      

TRANSACTION BASED STORAGE SERVICE AGREEMENT                                     

THIS TRANSACTION BASED STORAGE SERVICE AGREEMENT ("Agreement")                  
is entered into as of the 4th day of November, 1998, by and                     
between Southern California Gas Company ("Utility") and San Diego               
Gas & Electric Company ("Service User") and sets forth the terms                
and conditions under which Utility will provide storage services                
to Service User.  This Agreement shall be attached to and                       
incorporated as Schedule J to the Master Services Contract                      
("MSC") entered into by the parties.                                            

SECTION 1 - STORAGE SERVICES                                                    

(a)  For the Time Period for Service indicated below (the "Service              
Period"), Utility shall provide Service User with the storage                   
services set forth below.  This Agreement and the rights                        
established herein shall be subject to the terms and conditions of              
Utility's Tariff Rate Schedule G-TBS and other applicable Tariff                
Rules hereto from time to time (including, without limitation, the              
definitions in Utility's Tariff Rule No. 1).                                    

Storage    Maximum         Firm or        Time Period for Service               
Services   Quantity        As-Available      ("Service Period")                 

Inventory  6,000,000 (Dth)     Firm,          4/1/99 to 3/31/00                 
Injection  28,037 (Dth/day)    Firm           4/1/99 to 10/31/99                
Withdrawal 225,000, (Dth/day)  Firm           11/1/99 to 3/31/00                

(b)  All gas to be stored under this Agreement must be delivered                
by Service User to Utility system at the California border during               
the period from April 1, 1999 to March 31, 2000, subject, however,              
to Utility system constraints.  Withdrawals must be completed by                
March 31, 1999 .                                                                

(c)  If storage injection and withdrawal services are offered                   
hereunder on an "as-available" basis, such services may be                      
temporarily restricted in accordance with Utility Tariff Rule                   
23.C.1.(4), Utility Tariff Rule 30.F.2 and G, and G-IMB Special                 
Conditions 3.                                                                   

(d)  Upon Service User's request for withdrawal, Utility will re-               
deliver all gas stored by Service User under this Agreement at the              
California border or other mutually agreed upon locations.                      

(e)  Other: Service User has multiple cycling rights.                           

SECTION 2 - RESERVATION AND STORAGE CHARGES                                     

Service User agrees to pay to Utility the following charges:                    
                            Variable Storage Charges
Storage    Quantity     Unit Reservation    In-Kind  O&M Injection              
Services    (Dth)           Charges          Fuel    or Withdrawal              

Inventory  6,000,000 (Dth)   0.21 $/(Dth)                                       
Injection  28,037 (Dth/day)  0.10554 $/(Dth)  2.44%  0.0302$/(Dth)              
Withdrawal 225,000 (Dth/day) 13.306, $/(Dth/day)     0.0235$/(Dth)              

Other charges:  The inventory, injection, and withdrawal                        
reservation charges are adjusted effective April 1, 1999 with                   
their percentage change equal to the percentage change of the                   
Coinsumer Price Index - All Urban Consumbers ("CPI") for                        
September as published by the Bureau of Labor Statistics of the                 
United States Department of Labor in December.  The percentage                  
change is detemined by subtracting the previous Septmeber CPI from              
the latest September CPI and dividing the result by the previous                
September CPI.  Injection variable charges (in-kind and O&M) apply              
april through November.  Withdrawal variable chargesm (O&M) apply               
November through March.  Variable charges are set by the G-TBS                  
tariff.                                                                         

SECTION 3 - TRANSMISSION CHARGES                                                

Service User agrees to pay Utility all applicable transportation                
charges incurred to move gas to Utility system, including the                   
Wheeler Ridge access fee, if applicable.                                        

Other transportation charges and conditions:  All gas delivered                 
for injection (less in-kind fuel) shall be assessed a transmission              
charge of $0.567 per deatherm and all gas withdrawn shall receive               
a credit of $0.567 per decatherm.  The transmission charge and                  
credit shall also apply to gas injected or withdrawn through                    
imbalance trading or through a transfer with another storage                    
account.                                                                        

SECTION 4 - BILLING AND PAYMENT                                                 

(a)  All reservation charges shall be billed by Utility and paid                
by Service User in equal monthly installments over the Service                  
Period of this Agreement.  Provided, however, that if Service User              
is not an end-use customer of Utility, 25% of the reservation                   
charges shall be paid to Utility prior to the commencement of the               
Service Period and the balance shall be billed and paid in equal                
monthly installments over the Service Period.  All other charges                
shall be billed and paid as the applicable services are provided.               

(b)  All bills shall be timely paid.  In addition to any remedies               
provided under Utility's Tariff Rate Schedules and Tariff Rules,                
in the event that Service User fails to timely pay any amounts due              
hereunder and such amounts are not paid in full within seven (7)                
days following notice by Utility that such payment is in arrears,               
Utility may, without any additional notice, immediately suspend                 
service hereunder until Service User pays all amounts due.                      

(c)  In the event of a billing dispute, the bill must be paid in                
full by Service User pending resolution of the dispute.  Such                   
payment shall not be deemed a waiver of Service User's right to a               
refund.  All bills shall be sent to Service User as specified                   
below in Section 5 (a).                                                         

SECTION 5 - MISCELLANEOUS                                                       

(a)  Notices - All notices and requests under this Agreement shall              
be deemed to have been duly given if sent by facsimile (fax)                    
properly addressed, as with confirming original copy thereof being              
sent by postage prepaid, certified mail properly addressed, as                  
following:                                                                      

SERVICE USER                             UTILITY                                
Operating Matters                       
Contact Name:                        Contact Name:                              
Lonnie Mansi                         Gas Transactions Hotline                   
Contact Title:                       Contact Title:                             
Natural Gas Scheduler                Gas Transactions & Operations              
Fax No.: (619) 650-6169              Fax No.: (213) 244-3900                    
Telephone: (619) 650-6192            Telephone: (213) 244-8281                  

Billing Matters                         
Contact Name:                        Contact Name:,                             
Mike G. Strong                       Susana Santa Maria                         
Contact Title:                       Contact Title:                             
Manger, Entergy Restructuring        Billing Analyst                            
& Entergy Accounting                                                            
Fax No.: (619) 650-6170              Fax No.: (213) 244-4337                    
Telephone: (619) 650-6192            Telephone: (213) 244-8449                  

Contract Matters                        
Contact Name:                        Contact Name:                              
Carl Funke                           Gwoon Tom                                  
Contact Title:                       Contact Title:                             
Sr. Energy Administrator             Storage Products Manager                   
Fax No.: (619) 650-6170              Fax No.: (213) 244-3692                    
Telephone: (619) 650-6192            Telephone: (213) 244-8645                  

Either party may change its designation set forth above by giving               
the other party at least seven (7) days prior written notice.                   

(b)  Governing Law - This Agreement shall be construed in                       
accordance with the laws of the State of California and the                     
orders, rules and regulations of the Public Utilities Commission                
of the State of California in effect from time to time.                         

(c)  Credit Worthiness - From time to time, as is deemed                        
necessary, Utility may request that Service User furnish Utility                
with all relevant information or data to establish Service User's               
credit worthiness, including, without limitation, financial                     
statements of Service User which are audited or otherwise attested              
to Utility's satisfaction.  Following review of such information,               
Utility may require that Service User supply additional assurance               
as may be necessary to establish Service User's ongoing financial               
ability to perform under this Agreement during the Term,                        
including, without limitation, contractual guarantees or financial              
instruments such as letters of credit.                                          

(d)  Limited Storage Liability - Utility shall not be responsible               
for any loss of gas in storage, including, without limitation,                  
losses due to the inherent qualities of gas (including leakage and              
migration) or due to physical or legal inability to withdraw gas                
from storage, unless such loss is caused by failure of Utility to               
exercise the ordinary care and diligence required by law.  In the               
event of any such loss, the portion of such loss which is                       
attributable to Service User shall be determined based on Service               
User's pro rata share of the total recoverable working gas                      
inventory in Utility's storage facilities at the time of the loss.              

(e)  Incorporated Provisions - The provisions of Section 6 of the               
MSC are incorporated by reference herein as if set forth in full                
herein, except to the extent such Section 6 is superseded by                    
Utility's Tariff Rule 4.                                                        

IN WITNESS WHEREOF, the authorized representatives of the parties               
have executed two (2) duplicate original copies of this Agreement               
as of the date first written above.                                             

SAN DIEGO GAS & ELECTRIC           SOUTHERN CALIFORNIA GAS COMPANY              

By                                 By                                           

Title:                             Title:                                       

Dates Referenced Herein   and   Documents Incorporated By Reference

This 10-K Filing		Date		Other Filings
For The Period Ended		12/31/98
Filed On / Filed As Of		3/31/99		10-Q
		4/1/99
		3/31/0		10-Q
Top				List All Filings