Dominion Cove Point LNG, LP
Original Volume No. 1
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Effective Date: 05/01/2003, Docket: RP03-341-000, Status: Effective
Original Sheet No. 223 Original Sheet No. 223 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
6. OPERATING CONDITIONS (Continued)
(e) Creditworthiness of Buyer. (Continued)
(iii) Operator may at any time re-evaluate the creditworthiness of Buyer and demand
adequate assurances of payment if Operator determines that Buyer has in any
respect become uncreditworthy. Circumstances under which Operator may re-
evaluate Buyer's creditworthiness include, but are not limited to, a filing by
Buyer for bankruptcy or a submission to bankruptcy or similar federal or state
proceedings, an adverse change in Buyer's payment practices, or a
reorganization of Buyer's business structure. If Operator, following such a
re-evaluation, makes an adverse preliminary creditworthiness determination, and
Buyer is current in its payments to Operator and otherwise has a good credit
history with Operator, Buyer will be given notice of such adverse determination
and be allowed ten (10) days to submit data demonstrating its continued
creditworthiness before Operator will make a final determination of
creditworthiness and, if adverse, demand adequate assurance of payment.
Operator may at any time withdraw or revise its demand for adequate assurance
of payment or extend its due date.
(f) General Limitation of Operator's Obligation. Operator shall not be required to
perform or continue service on behalf of any Buyer that, within ten (10) days after
receipt of notice from Operator, fails to comply with any of the terms of the
applicable Rate Schedule and Buyer's Service Agreement with Operator when such failure
is material or may threaten the operational integrity, safety, or continued
performance by Operator of services under this Tariff. If Buyer submits a complaint,
as provided in Section 22 (Complaint Resolution Procedure) of the General Terms and
Conditions, prior to the end of the 10-day period and the subject matter of the
complaint is the provision of the Rate Schedule or Service Agreement on which the
Operator has based its notice, Operator shall continue service for Buyer for a period
of at least ten (10) days after Operator's Final Decision under the Complaint
Resolution Procedures. Notwithstanding the foregoing, Operator shall have the right
to take unilateral action to protect the integrity of its system in the event
Operator, in its reasonable discretion, determines that immediate or irreparable harm
to Operator's facilities or operations will be caused by Buyer's failure to comply
with any of the terms of the applicable Rate Schedule, the terms of Buyer's Service
Agreement with Operator, or the General Terms and Conditions of this Tariff.
(g) Balancing at Termination of Service Agreement. Following the termination of a Service
Agreement, Buyer under that Service Agreement shall be required to correct any
outstanding imbalance in receipts and deliveries within sixty (60) days after Operator
determines, and notifies Buyer, that such an imbalance exists, or within such longer
period of time agreed to by Buyer and Operator.