Dominion South Pipeline Co., LP
Original Volume No. 1
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Effective Date: 12/16/2005, Docket: CP05- 77-001, Status: Effective
Original Sheet No. 1017 Original Sheet No. 1017 : Effective
GENERAL TERMS AND CONDITIONS
CREDITWORTHINESS
6. CREDITWORTHINESS
6.1 Pipeline shall not be required to provide service under any Rate Schedule to any Customer
that fails to meet Pipeline's standards for Creditworthiness as determined by Section 6.2
below. In this regard, upon request by Pipeline, Customer shall provide, within three (3)
Business Days, the information requested by Pipeline which may include all or part of the
following:
A. Current audited financial statements (to include a balance sheet, income statement and
statement of cash flow), annual reports, most recent filed statements with the
Securities and Exchange Commission or such other publicly available information, a
list of all corporate affiliates, parent companies and subsidiaries and any reports
from credit, reporting, and bond rating agencies that are publicly available. If
audited financial statements are not available, then Customer also should provide an
attestation by its chief financial officer that the information shown in the unaudited
statements is true, correct and a fair representation of Customer's financial
condition, such other information mutually agreed to by Customer and Pipeline;
B. A bank reference and at least three trade references;
C. A written attestation from Customer that it is not operating under any chapter of the
bankruptcy laws and is not subject to liquidation or debt reduction procedures under
state laws, such as an assignment for the benefit of creditors, or any informal
creditor's committee agreement. An exception can be made for a Customer who is a
debtor in possession operating under Chapter XI of the Federal Bankruptcy Act but only
with adequate assurances that the transportation billing will be paid promptly as cost
of administration under the federal court's jurisdiction; and
D. A written attestation from Customer that no significant collection lawsuits or
judgments are outstanding that would seriously reflect upon the business entity's
ability to remain solvent.
E. Such other information as may be mutually agreed to by Pipeline and Customer.
6.2__ Evaluation Criteria
A. Pipeline shall apply consistent evaluation practices to all similarly situated
Customers to determine the Customer's financial ability to satisfy the payment
obligations due to Pipeline over the term of the requested service agreement. A
Customer will be deemed creditworthy if (i) its long-term unsecured debt securities are
rated at least BBB by Standard & Poor's Corporation ("S&P") or Baa2 by Moody's Investor
Service ("Moody's") and (ii) Customer's short term and long term outlook opinion is
Stable or Positive from S&P or Moody's and (iii) the net present value of the sum of
reservation fees, utilization fees and any other associated fees, for the contract term
is less than 15% of Customer's tangible net worth. As used herein, tangible net worth
shall be the sum of the capital stock, paid-in capital in excess of par or stated
value, and other free and clear equity reserve accounts less goodwill, parent's
unamortized loan costs or restructuring costs and other intangible assets. In the event
Customer is rated by multiple agencies, the low rating applies. A Customer that is not