Significant events and previous amendments of Contract No. 100010 reflected in the contract restatement include:1. By amendment dated October 20, 1993, the conversion of the Shipper's remaining firm sales Contract Demand to firm Transportation Contract Demand was implemented, effective November 1, 1993.
2. With the restatement of Agreement on October 19, 2004, a provision was added to clarify the measurement location for certain farm tap delivery points formerly listed on the Agreement with zero MDDO and a note indicating the measurement location can be found on Exhibit B of the Agreement.
3. By amendment dated June 20, 1994, a Contract-Specific OFO (CSOFO) provision through the Columbia River Gorge was added totaling 8,182 Dth/d (10,000 Dth/d / 55% = 18,182 Dth/d * 45% = 8,182 Dth/d) associated with 10,000 Dth/d of segmented capacity through October 31, 2025.
4. By amendment dated June 21, 1994, a CSOFO provision through the Columbia River Gorge was added totaling 1,432 Dth/d (1,750 Dth/d / 55% = 3,182 Dth/d * 45% = 1,432 Dth/d) as a result of a delivery point amendment from Spokane to Portland/Vancouver through September 30, 2009.
5. By amendment dated March 6, 1995, the CSOFO in Recital 4 above was deleted as a result of adding a non-conforming provision to define Shipper's firm transportation corridor rights of 59,896 Dth/d eastbound and 12,996 Dth/d westbound through the Columbia River Gorge.
6. By amendment dated November 1, 1995, in conjunction with long-term temporary capacity releases, Shipper extended the Primary Term End Date through June 30, 2016 for 8,056 Dth/d of Contract Demand from the Sumas Primary Receipt Point to the Spokane Kettle Falls Primary Delivery Point; and Shipper extended the Primary Term End Date through October 31, 2025 for 20,000 Dth/d of Contract Demand from the Clay Basin (9,365 Dth/d), Ignacio Plant (2,470 Dth/d), Opal (5,530 Dth/d) and Moxa/Opal (2,635 Dth/d) Primary Receipt Points to the Grants Pass (10,000 Dth/d), Spokane Mead (7,159 Dth/d) and Spokane Kettle Falls (2,841 Dth/d) Primary Delivery Points.
7. By amendment dated April 25, 1996, a CSOFO provision through the Columbia River Gorge was added totaling 7,400 Dth/d (9,044 Dth/d / 55% = 16,444 Dth/d * 45% = 7,400 Dth/d) as a result of delivery point amendment of 7,891 Dth/d from Spokane to Portland West/Scappoose and 1,153 Dth/d from Spokane to Rivergate-Oregon Steel through October 31, 2004.
8. The non-conforming provision titled Klamath Falls Receipt-Delivery Limitation linking the Klamath Falls Receipt point to the Klamath Falls Delivery point was approved by FERC on November 8, 1996 in docket No. GT97-5.
9. By amendment dated November 27, 1996, in conjunction with a Facilities Agreement for construction of the Palouse receipt meter station, Shipper extended the Primary Term End Date through October 31, 2017 for 7,000 Dth/d of Contract Demand from the Sumas Primary Receipt Point to the Spokane Mead Primary Delivery Point.
10. By amendment dated May 4, 1998, revised mitigated Contract Demand levels for June through September were implemented effective June 1, 1998 pursuant to the Settlement in Docket No. RP96-367.
11. By letter dated December 14, 1998 Washington Water Power Company notified Transporter of a name change to Avista Corporation (Avista) effective January 1, 1999.
12. By amendment dated December 17, 2001, in conjunction with a Memorandum of Understanding concerning an option for Shipper to purchase Transporter's Klamath Falls Lateral, Shipper extended the Primary Term End Date through December 31, 2012 for 129,085 Dth/d of Contract Demand. This amendment also reflects the most recent changes to primary receipt and delivery point rights.
13. By amendment dated October 19, 2004, the following CSOFO provisions were added (1) 6,526 Dth/d from the Portland Lateral to the Washougal corridor, (2) 5,914 Dth/d from the Washougal to Plymouth corridor, and (3) 20,304 Dth/d from the Plymouth to Spokane corridor through October 31, 2012.
14. By amendment dated December 21, 2006, Shipper extended the Primary Term End Date for 129,085 Dth/d from December 31, 2012 to October 31, 2017; and for 8,056 Dth/d from July 30, 2016 to October 31, 2017.
15. By amendment dated December 21, 2006, the non-conforming provision on Exhibit B relating to the assignment rights was eliminated.
16. By amendment dated December 21, 2006, the non-conforming provision on Exhibit B relating to the seasonal contract demand mitigation that expired due to the effectiveness of new rates in Docket No. RP06-416 was eliminated.
17. By amendment dated January 17, 2007, Transporter agreed to eliminate the CSOFO provisions reflected in Recital 12 above with the recall of the segmented release capacity that created the CSOFO in consideration for Shipper agreeing to the contract term extension reflected in Recital 12 above.
18. The non-conforming provision titled Measurement Location was approved by FERC on March 28, 2007 in Docket No. RP07-365.
19. By amendment dated March 26, 2008, the CSOFO provision reflected in Recital 4 above was eliminated from this Agreement. The CSOFO was transferred to Shipper's TF-2 Agreement 100314 on November 17, 1996 and inadvertently retained on this Agreement as well.
20. By amendment dated November 23, 2009, the Primary Term End Date on Exhibit A was amended from October 31, 2025 to October 31, 2035, along with modifications to the non-conforming provision relating to the Primary Term End Date on Exhibit B.
21. By amendment dated November 23, 2009, Exhibit B was amended in order to add a provision that gives Shipper an option to purchase the Klamath Falls lateral in exchange for the contract term extensions in recital 20 (see "Klamath Falls Lateral Purchase Option" on Exhibit B).
22. By amendment dated November 23, 2009, Exhibit B was amended to provide Shipper with an alternative option to purchase the Klamath Falls Lateral in exchange for the contract extensions in recital 20 (see "Alternative Klamath Falls Lateral Purchase Option" on Exhibit B). In addition, the Parties added a non-conforming Alternative Primary Term End Date on Exhibit B in the event FERC denies the Alternative Klamath Falls Lateral Purchase Option.
23. By amendment dated August 3, 2010, 17,179 Dth/d of primary delivery point rights (MDDO's) were amended from the Spokane (Kettle Falls) Primary Delivery meter to Nine Mile Falls Primary Delivery meter to facilitate the permanent disconnect of the Spokane (Kettle Falls) meter station from Transporter's system.
24. By amendment dated August 3, 2010, Exhibit B was amended to remove the Alternative Primary Term End Dates paragraph from Exhibit B, which governs the outcome of certain non-conforming provisions should they not be approved by FERC, as Transporter received FERC approval for such non-conforming provisions on January 14, 2010 in Docket No. RP10-256-000.
25. By amendment dated June 25, 2012, Transporter and Shipper agreed to modify this Agreement to add the following three new non-conforming provisions: (i) Moscow Settlement; (ii) Rate Treatment of Potential Turnback Capacity; and (iii) FERC Approval.
26. By amendment dated June 25, 2012, Transporter and Shipper agreed to add a delivery pressure condition on Exhibit A to reduce the delivery pressure at the Kellogg Delivery Meter from 250 psig to 150 psig through October 31, 2017.
27. By amendment dated November 20, 2012, Transporter and Shipper agreed to remove the non-conforming provision on Exhibit B titled Rate Treatment of Potential Turnback Capacity to comply with the FERC order in Docket No. RP13-125 dated November 1, 2012. In addition, the Parties agree to remove the FERC Approval non-conforming provision since it is no longer necessary.
28. By amendment dated December 3, 2012, Shipper exercised its right under the non-conforming provision on Exhibit B titled Alternative Klamath Falls Lateral Purchase Option to purchase the Klamath Falls Lateral by entering into the Klamath Falls Purchase Agreement. ("Purchase Agreement") effective January 1, 2013. In accordance with the Purchase Agreement, Transporter and Shipper agree to (i) reduce the Contract Demand from 164,141 Dth/d to 157,961 Dth/d, and eliminate the associated 6,180 Dth of MDQ and MDDOs at the Klamath Falls receipt and delivery points and (ii) remove the non-conforming provisions titled Klamath Falls Receipt-Delivery Limitation, the Klamath Falls Lateral Purchase Option and the Alternative Klamath Falls Lateral Purchase Option.
29. By restatement dated October 16, 2014, Transporter and Shipper agreed to remove the non-conforming provision titled Moscow Settlement and Moscow Action Plan as a result of Transporter installing the necessary facilities on July 22, 2013 to support Avista's historical contractual rights on the lateral. Transporter also agreed to extend its existing segmentations in exchange to extend the Primary Term End Date on Exhibit B for 126,661 Dth/d of receipt point capacity scheduled to expire in 2017 and 2025 to October 31, 2026.
30. By restatement dated October 27, 2017, Transporter and Shipper amended the Agreement to reduce the delivery pressure condition at the Kellogg Delivery Meter from 250 psig to 150 psig from October 31, 2017 to October 31, 2018.
31. Transporter and Shipper agree to restate the Agreement to extend the Primary Term End Date associated with 126,661 Dth/d of capacity from October 31, 2026, to October 31, 2035 in exchange for certain existing segmentation rights and point amendments. As a result of the contract extension, the non-conforming provision on Exhibit B titled "Primary Term End Dates", has been removed from the Agreement.