Algonquin Gas Transmission, LLC
Fifth Revised Volume No. 1
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Effective Date: 11/30/2009, Docket: RP10-77-000, Status: Effective
Second Revised Sheet No. 518A Second Revised Sheet No. 518A
Superseding: First Revised Sheet No. 518A
GENERAL TERMS AND CONDITIONS
(continued)
3. CREDIT EVALUATION (continued)
With respect to a request for new service or a request resulting in a Billing Amendment,
the security required by Algonquin pursuant to this Section 3.2 must be received by
Algonquin within ten (10) Business Days of Algonquin's written notification to Customer,
otherwise, such request will be deemed to be null and void. With respect to an existing
service agreement, Customer must tender (i) an advance payment equal to the highest
Month of activity (based on usage of in-kind and loan agreements and the billed amounts,
including cashout amounts, for all other agreements) for all of Customer's active
service agreements during the previous twelve (12) months within five (5) Business Days
of Algonquin's notification, and (ii) the security required by this Section 3.2 within
thirty (30) days of Algonquin's notification. If such advance payment or security is
not received within the specified time period(s), then Algonquin may immediately suspend
service, and may terminate Customer's service agreement(s) upon thirty (30) days' notice
to Customer and the Commission.
Security in the form of an advance deposit shall accrue interest to the benefit of
Customer from the date Algonquin receives such deposit. Interest on such advance
deposits shall be calculated monthly at the most recently established 91-day Treasury
Bill auction rate, as published in The Wall Street Journal. Alternatively, a Customer
providing security in the form of an advance deposit may deposit such security into an
interest-bearing escrow account, established by Customer at Customer's expense, to which
account Algonquin shall have unrestricted access in the amount of an invoice upon
presentment of an invoice for the payment of services provided to Customer.
3.3 Once every twelve (12) months, Customer shall provide Algonquin with updated financial
information in the form required in Section 3.1 above. In addition, if Algonquin
becomes aware that there may be a potentially material change in the financial condition
of an existing Customer, Algonquin may require Customer to promptly resubmit all of the
financial information required in Section 3.1 above. Algonquin shall re-evaluate
Customer's creditworthiness based upon the updated information provided by Customer
pursuant to Section 3.1 above. If Customer's credit standing ceases to meet Algonquin's
credit requirements at any time during the period of service, then Algonquin has the
right to require security as specified in Section 3.2 above. If the credit standing of
any entity issuing a letter of credit and/or guaranty in support of Customer's
obligations ceases to meet Algonquin's credit appraisal at any time during the period of
service, then Algonquin has the right to require Customer to provide replacement
security that satisfies the requirements of Section 3.2 above.
3.4 In the event any information provided by Customer pursuant to Sections 2.1 and 3.1 with
respect to a request for new service or a request that would result in a Billing
Amendment materially changes prior to execution of the new service agreement or Billing
Amendment, as applicable, or Customer learns that such information may materially change
prior to execution of the service agreement or Billing Amendment, as applicable,
Customer shall be obligated to provide written notice of such material changes to
Algonquin. Algonquin shall require Customer to resubmit all of the financial
information required in this Section 3 within ten (10) Business Days of the
identification of the material change. If such updated financial information is not
received within ten (10) Business Days, the request for service will be deemed null and
void. Algonquin shall re-evaluate Customer's creditworthiness based upon the updated
information provided by Customer pursuant to this Section 3.