Florida Gas Transmission Company, LLC
Fourth Revised Volume No. 1
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Effective Date: 09/01/2006, Docket: RP06-463-000, Status: Effective
Original Sheet No. 262 Original Sheet No. 262 : Effective
GENERAL TERMS AND CONDITIONS
(continued)
16. CREDITWORTHINESS
(a) Transporter shall not be required to (i) execute a transportation service agreement
providing for service under the applicable Rate Schedule for any Shipper who fails to
meet Transporter's standards for creditworthiness, or (ii) initiate service for a
Shipper who fails to meet Transporter's standards for creditworthiness, or (iii)
continue transportation service for any Shipper who is or has become insolvent or who,
at Transporter's request, fails within a reasonable period to demonstrate
creditworthiness pursuant to Transporter's standards.
For purposes herein, the determination of Shipper's creditworthiness shall be based
upon: (i) a credit rating of investment grade, defined as a rating of at least "BBB-"
by Standard & Poor's Corporation, or a rating of at least "Baa3" by Moody's Investors
Service, Inc. or (ii) if Shipper is not rated by Standard & Poor's or Moody's rate
methodology, criteria and ratios which are generally acceptable in the natural gas
industry. In the event that Transporter determines that Shipper does not have an
acceptable rating as set forth above, Shipper may, at its own expense, obtain a private
rating from Standard & Poor's or Moody's, or as an alternative, request that an
independent accountant or an independent financial consultant, mutually acceptable to
Shipper and Transporter, prepare an equivalent evaluation based on the financial rating
methodology, criteria and ratios generally acceptable in the natural gas industry as
published by the above rating agencies from time to time.
(b) To permit Transporter to conduct a creditworthiness review, a Shipper shall, upon
request by Transporter, render to Transporter: (i) complete and current financial
statements, including annual reports, 10K reports or other filings with regulatory
agencies, prepared in accordance with generally accepted accounting principles, or for
nonU.S.-based Shippers, prepared in accordance with equivalent principles; (ii) a list
of corporate affiliates, parent companies and subsidiaries; and (iii) any credit reports
from credit reporting agencies which are available. In addition to the establishment of
creditworthiness: (i) Shipper must not be operating under any chapter of the bankruptcy
laws and must not be 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