Algonquin Gas Transmission, LLC
Fifth Revised Volume No. 1
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Effective Date: 06/15/2009, Docket: RP09-600-000, Status: Effective
Second Revised Sheet No. 517 Second Revised Sheet No. 517
Superseding: First Revised Sheet No. 517
GENERAL TERMS AND CONDITIONS
(continued)
3. CREDIT EVALUATION
3.1 Standards Used in Appraising Credit. Algonquin's acceptance of a request for new
service or a request resulting in a Billing Amendment under any Rate Schedule set forth
in Algonquin's FERC Gas Tariff is contingent upon Customer satisfying a credit appraisal
by Algonquin. Algonquin shall apply, on a non-discriminatory basis, consistent
financial evaluation standards to determine the acceptability of Customer's overall
financial condition. Algonquin shall not use any criteria, formula, ranking system or
other methodology that would give any preference or advantage to an affiliate of
Algonquin. Such credit appraisal and any further or ongoing credit appraisal as may be
necessary shall be based upon the following information and criteria:
(a) Customer shall provide current financial statements, annual reports, 10-K reports
or other filings with regulatory agencies which discuss Customer's financial
status; a list of all corporate affiliates, parent companies and subsidiaries; and
any reports from credit reporting and bond rating agencies which are available.
Algonquin shall determine the acceptability of the Customer's overall financial
condition.
(b) Customer shall provide a bank reference and at least two trade references. The
results of reference checks and any credit reports submitted in accordance with
Section 3.1(a) above must show that Customer's obligations are being paid on a
reasonably prompt basis.
(c) Customer shall confirm in writing that Customer 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 creditors' committee agreement. An exception can be made for a
Customer who is a debtor in possession operating under Chapter 11 of the Federal
Bankruptcy Act but only with adequate assurance that the service billing will be
paid promptly as a cost of administration under the federal court's jurisdiction.
(d) Customer shall confirm in writing that Customer is not aware of any change in
business conditions which would cause a substantial deterioration in its financial
condition, a condition of insolvency, or the inability to exist as an ongoing
business entity.