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