Columbia Gulf Transmission Company

Second Revised Volume No. 1

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Effective Date: 10/19/2006, Docket: RP06-596-000, Status: Effective

First Revised Sheet No. 140 First Revised Sheet No. 140 : Effective

Superseding: Original Sheet No. 140

GENERAL TERMS AND CONDITIONS (Continued)

 

 

 

(5) names, addresses, and telephone numbers of bank references;

 

(6) disclosure of past or pending bankruptcy or other similar state or federal

proceedings, outstanding judgments or pending claims or lawsuits that could affect the solvency of Requestor;

 

(7) written confirmation that Requestor is not operating under any chapter of the

Bankruptcy Code 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. Transporter may make

an exception for a Requestor who is a debtor in possession operating under Chapter XI of the Federal

Bankruptcy Act if Transporter is adequately assured that the service billing will be paid promptly as a cost

of administration under the Federal Court’s jurisdiction;

 

(8) a list of owners and/or shareholders of Requestor, if Requestor is privately held;

and

 

(9) any other data Requestor desires to submit that would assist Transporter in

determining creditworthiness.

 

(b) Transporter may waive the requirements of all or any part of Section 3.3 on a

nondiscriminatory basis. A Requestor that is an existing Shipper on Transporter's system shall not be

required to provide the information required by Section 3.3(a) in order to make a new request for service,

provided, however, that Transporter may require an existing Shipper to furnish any information necessary to

make a creditworthiness determination with respect to that Shipper/Requestor's new request for service,

 

(c) In lieu of submitting all or any part of the data required by this Section 3.3, a Requestor

that has submitted such data to Transporter within the past twelve months may certify that all or any part of

such data has not changed in any manner material to creditworthiness and update items that have materially

changed.

 

3.4 Advance Determination of Creditworthiness. A Requestor shall submit the data required in

this Section 3, at least 15 business days before bidding for or requesting new or increased service for an

advance determination of creditworthiness by Transporter.

 

3.5 Deficient Requests. Transporter shall promptly notify a Requestor whose request for

service has been rejected because of Requestor's failure to satisfy the provisions specified in this Section

3. Such notice shall identify the deficiencies that must be corrected in order to make a valid request to

Transporter.

 

3.6 Material Changes. If any information provided by Requestor pursuant to this Section

materially changes, Requestor shall provide Transporter with prompt written notification of such changes.

Requestor is required to provide written notice to Transporter within two (2) days of filing a report (other

than an annual or quarterly report) with the Securities and Exchange Commission (“SEC”) or other equivalent

foreign regulatory body that Requestor is required to file as a result of a material event or corporate change

affecting its financial condition. That notice shall include a general description of the nature and reason

for the filing and to the extent that report is not available electronically, Requestor shall provide

Transporter with a copy of the report. Requestors that are not subject to SEC reporting requirements, but have

a parent that is, shall comply with respect to any such filings by their parent.

 

3.7 Denial of Requests. Transporter may reject any request for service from a Requestor that

fails to meet Transporter's creditworthiness requirements unless Requestor provides assurance of payment as

provided in Section 3.8 below. Where service is requested under Rate Schedule PAL, Transporter may consider

the quantities that Requestor could owe Transporter and/or the value of any imbalance owed Transporter in

determining the level of service for which Requestor is creditworthy. Grounds for rejection shall include,

but shall not be limited to, Requestor's failure (a) to show that Requestor's obligations are being paid in a

timely manner, or (b) to provide reasonable assurance that Requestor will be able to continue to pay its

obligations in the future.