DE 98-019 PORTLAND PIPE LINE CORPORATION Petition for Approval of Third Amendment to Lease Order Approving Third Amendment O R D E R N O. 22,879 March 23, 1998 Pursuant to New Hampshire Public Utilities Commission (Commission) Order No. 18,773, (July 20, 1987), Order No. 21,442, (November 30, 1994), and Order No. 22,252, (July 29, 1996), Granite State Gas Transmission, Inc. (Granite) leases an 18-inch converted oil pipeline from Portland Pipe Line Corp. (Portland) to ship natural gas for delivery to its affiliates Bay State Gas Corp. and Northern Utilities, Inc. (Northern). In accordance with the current terms of the agreement, the lease is due to expire on April 30, 1998. On February 20, 1998, Portland filed proposed Amendment #3, which provides Granite with an option to extend the lease to April 30, 1999. Amendment #3 has also been filed at the Federal Energy Regulatory Commission (FERC) for approval. The extension includes a provision for early termination by Granite on or before November 1, 1998 with 90 days prior written notice. In the petition, Portland requests that the Commission either: (1) Rule that the Commission has no jurisdiction over the lease and the amendments thereto because of preemption by Federal law, or (2) Approve the Third Amendment and authorize Portland to execute it and to enter into the agreements provided for by it, subject to approval of the Third Amendment by FERC. Granite uses the leased facilities to provide natural gas supplies to Northern for use in Maine and New Hampshire. Northern intends to discontinue service from the leased facilities upon completion of the Portland Natural Gas Transmission System (PNGTS) and Joint PNGTS/Maritimes & Northeast Pipeline, L.L.C. (M&N) pipelines. Although the proposed pipelines are in advanced stages of regulatory approval, it is uncertain whether they will attain their projected in-service date of November 1, 1998. Consequently, Granite, at Northern's request, has entered into the lease extension to ensure a source of supply for the 1998-1999 winter period in the event the replacement capacity is unavailable. The leased facilities have proven to be a reliable source of natural gas in a region traditionally limited in supply. In previous rulings we asserted jurisdiction and approved the lease and subsequent amendments. The leased facilities represent an alternative delivery mechanism in the event that the new pipeline projects are delayed. Although we support the new pipeline projects, we are cognizant of the potential delays which may occur. Therefore, we approve the third amendment subject to FERC approval. Based upon the foregoing, it is hereby ORDERED, that Portland Pipe Line Corporation is GRANTED authorization to execute Amendment #3 to the Amended Lease Agreement based on the terms contained therein. By order of the Public Utilities Commission of New Hampshire this twenty-third day of March, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary