East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 06/15/2009, Docket: RP09-595-000, Status: Effective
Second Revised Sheet No. 316 Second Revised Sheet No. 316
Superseding: First Revised Sheet No. 316
GENERAL TERMS AND CONDITIONS (Continued)
6. CREDIT REQUIREMENTS
6.1 Transporter's acceptance of a request for new service or a request
resulting in a Billing Amendment under any Rate Schedule set forth in
Transporter's FERC Gas Tariff is contingent upon Shipper satisfying a
credit appraisal by Transporter. Transporter shall apply, on a non-
discriminatory basis, consistent financial evaluation standards to
determine the acceptability of Shipper's overall financial condition.
Transporter shall not use any criteria, formula, ranking system or
other methodology that would give any preference or advantage to an
affiliate of Transporter. Such credit appraisal and any further or
on-going credit appraisal as may be necessary shall be based upon the
following information and criteria:
(a) Shipper shall provide current financial statements, annual
reports, 10-K reports or other filings with regulatory agencies
which discuss Shipper'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. Transporter shall determine the acceptability of the
Shipper's overall financial condition;
(b) Shipper shall provide a bank reference and at least two trade
references. The results of reference checks and any credit
reports submitted in accordance with Section 6.1(a) must show
that Shipper's obligations are being paid on a reasonably prompt
basis;
(c) Shipper shall confirm in writing that Shipper 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
Shipper who is a debtor in possession operating under Chapter XI
of the Federal Bankruptcy Act but only with adequate assurance
that the service billing will be paid promptly as a cost of
administration under the Federal Court's jurisdiction;
(d) Shipper shall confirm in writing that Shipper is not aware of
any change in business conditions which would cause a
substantial deterioration in its financial condition, a
condition of insolvency or the inability to exist as an ongoing
business entity;
(e) If Shipper has an on-going business relationship with
Transporter, no delinquent balances should be outstanding for
services provided previously by Transporter and Shipper must
have paid its account during the past according to the
established terms and not made deductions or withheld payment
for claims not authorized by contract; and
(f) Shipper shall confirm in writing that no significant collection
lawsuits or judgments are outstanding which would seriously
reflect upon the business entity's ability to remain solvent.