East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 03/01/2009, Docket: RP08-487-002, Status: Effective
Substitute Original Sheet No. 315B.03 Substitute Original Sheet No. 315B.03
GENERAL TERMS AND CONDITIONS (Continued)
5.8 Allocation of Firm Capacity (continued)
(a) Existing Capacity (continued)
Default Factor shall only be applied to existing
unsubscribed capacity and shall not be applied to any
bidders that have a credit rating at or above those
credit ratings listed in Section 5.8(a)(8)(i) below,
or whose parent company or guarantor has such a credit
rating, provided that such parent company or guarantor
has provided a guarantee for all of the obligations
under the specific service agreement at issue pursuant
to Section 5.8(a)(8)(iii)(1). The application of the
Risk of Default Factor is governed by the following:
(i) A bidder with a credit rating below (a) an S&P
rating of BBB-, (b) a Moody's rating of Baa3,
(c) a Fitch rating of BBB-, or (d) a Dominion
Bond Rating Service rating of BBB (Low), and who
does not have a parent company or guarantor with
a credit rating at or above those credit ratings
just listed, provided that such parent company
or guarantor provides a guarantee for all of the
obligations under the specific service agreement
at issue pursuant to Section 5.8(a)(8)(iii)(1),
shall have a probability of default of zero for
bidding purposes if such bidder indicates on its
bid form that it will post sufficient collateral
to equal the difference between (i) the net
present value of the revenue in the bid,
adjusted by the bidder's Risk of Default Factor
(assuming that it would be applied), and (ii)
the net present value of a bid from a bidder
with a minimum rating(s) equal to the above
rating(s) herein with the same term, and such
bidder does subsequently post such collateral as
specified in Section 5.8(a)(8)(vii). For these
bid evaluation purposes, collateral is defined
as a letter of credit from a financial
institution with at least an A- rating, or a
cash deposit. Collateral will be capped, for
purposes of the bid evaluation, at 50% of the
revenue for the term included in the bidder's
bid.
(ii) For a bidder described in Section 5.8(a)(8)(i)
that does not indicate on its bid form that it
will post such collateral, Transporter will
adjust the bid by applying the Risk of Default
Factor derived from the S&P Table, as set forth
in Section 5.8(a)(8). Although a bidder under
this Section 5.8(a)(8)(ii) is not posting
sufficient collateral to satisfy the requirement
set forth in Section 5.8(a)(8)(i) above, such a
bidder nevertheless may increase the net present
value of its bid by posting some collateral but
less than the amount described above in Section
5.8(a)(8)(i) which must be in a form allowed
under Section 5.8(a)(8)(i) contemporaneously
with submitting its bid in the open season,