Columbia Gulf Transmission Company
Second Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 10/19/2006, Docket: RP06-596-000, Status: Effective
Second Revised Sheet No. 171 Second Revised Sheet No. 171 : Effective
Superseding: First Revised Sheet No. 171
GENERAL TERMS AND CONDITIONS (Continued)
9.5 Creditworthiness of Shipper.
(a) Subject to the provisions of paragraphs (b) and (c) below, Transporter shall not be
required to provide or to continue to provide service on behalf of any Shipper that (i) is or has become
insolvent, (ii) has applied for bankruptcy under Chapter 11 of the Bankruptcy Code or is subject to similar
proceedings under State or Federal Law, or (iii) fails, in Transporter's reasonable judgment, to demonstrate
minimal creditworthiness for all or any part of the service requested, based upon Transporter's consideration
of available credit data concerning Shipper and Shipper's past payment history, financial statements, and
credit reports.
(b) Criteria for Creditworthiness Determination
(1) Acceptance of a Shipper’s request for service and the continuance of service are
contingent upon the Shipper satisfying, on an on-going basis, a credit appraisal by Transporter.
(2) Transporter shall apply consistent evaluation practices to all similarly situated
Shippers to determine the Shipper’s financial ability to satisfy the payment obligations due to
Transporter over the term of the requested Service Agreement.
(3) A Shipper 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) Shipper'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 charge fees, utilization fees,
and any other associated fees for the contract term is less than 3% of Shipper'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, patents, unamortized loan
costs or restructuring costs and other intangible assets. If Shipper is rated by multiple agencies, the lower
rating applies. A Shipper that is not rated by S&P or Moody's may use its parent's rating if a guarantee
acceptable to Transporter is provided. If the Shipper has multiple Service Agreements with Transporter, then
the total of all those Service Agreements shall be considered in determining creditworthiness.
Transporter reserves the right to determine in its reasonable discretion, that a Shipper who requests new
service is not creditworthy to receive that service on the basis that Shipper has outstanding payments due on
invoices rendered by Transporter on current or past Service Agreements and Shipper has defaulted on those
payments per the terms of the General Terms and Conditions; provided, however, this provision shall not affect
amounts disputed by Shipper in good faith. This Section shall apply solely to the Shipper that is the contract
holder.
(4) If Shipper does not meet the criteria described above then, Shipper may have the
Transporter evaluate its creditworthiness based upon the level of service requested. That credit
appraisal shall be based upon Transporter's evaluation of the following information and credit
criteria:
(i) S&P and Moody's opinions, watch alerts, and rating actions will be considered in
determining creditworthiness.
(ii) Consistent financial statement analysis will be applied by Transporter to
determine the acceptability of Shipper's current and future financial strength. Shipper's
balance sheets, income statements, cash flow statements, and auditor's notes will be
analyzed along with key ratios and trends regarding liquidity, asset management, debt
management, debt coverage, capital structure, operational efficiency, and profitability.