Liberty Gas Storage, LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 04/15/2007, Docket: RP07-357-000, Status: Effective

Original Sheet No. 106 Original Sheet No. 106 : Effective

 

GENERAL TERMS AND CONDITIONS

(d) Quantity requested:

(1) MDIQ, MDWQ and MSQ Requested (stated in Dth).

(2) MDRQ (stated in Dth/Day) for each Transporter.

(3) MDDQ (stated in Dth/Day) for each Transporter.

(e) Price offered by the prospective Customer for each service requested.

(f) Term of service, including the date service is requested to commence

and the date service is requested to terminate.

(g) Evidence of creditworthiness. Acceptance of a service request and/or

continuation of service is contingent upon Liberty's completion of a credit

appraisal it deems satisfactory in accordance with the criteria set forth in

this Section. To enable Liberty to conduct such credit appraisal, a

prospective Customer shall submit the following information, to the extent such

information is applicable to such prospective Customer; provided, however, that

Liberty's receipt of such material shall not be deemed acceptance of a request

for service, which acceptance shall be made only after Liberty's receipt of the

material and information set forth below and a determination by Liberty that

the prospective Customer is sufficiently creditworthy. Liberty shall maintain

the confidentiality of any non-public information received from a prospective

Customer pursuant to this Section. A prospective Customer shall be deemed

creditworthy if the prospective Customer has an Acceptable Credit Rating, as

defined in Section 32 of these General Terms and Conditions, or if the

prospective Customer satisfies Liberty's credit appraisal criteria based on an

evaluation of the material provided by prospective Customer pursuant to this

Section. Upon a determination by Liberty that a prospective Customer is not

creditworthy, if requested by the prospective Customer, Liberty will provide a written

explanation of the basis for its determination within five (5) days of such request.

(1) Prospective Customer shall provide current audited financial

statements, annual reports, 10-K reports, interim financial statements with

attestation by the Chief Financial Officer (or equivalent) that such statements

are a true, correct and fair representation of financial condition prepared in

accordance with Generally Accepted Accounting Principles and other filings with

regulatory agencies which discuss the prospective 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;

(2) Prospective Customer shall provide a bank reference and at least two

trade references. The results of reference checks and any credit reports must

show that the prospective Customer's obligations are being paid on a reasonably

prompt basis;

(3) Prospective Customer shall confirm in writing 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 creditors' committee agreement. An

exception can be made for a prospective Customer that is a debtor in possession

operating under Chapter XI of the U.S. Bankruptcy Code but only with adequate

assurance that the service billing will be paid promptly as a cost of

administration under the bankruptcy court's jurisdiction;