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. 263 Original Sheet No. 263 : Effective
GENERAL TERMS AND CONDITIONS (continued)
adequate assurances satisfactory to Transporter that the billing will be paid promptly
as cost of administration under the federal court's jurisdiction; (ii) Shipper should
not be subject to the uncertainty of pending liquidation or regulatory proceedings in
state or federal courts which could cause a substantial deterioration in its financial
condition, which could cause a condition of insolvency, or the ability to exist as an
ongoing business entity; (iii) if Shipper has an ongoing business relationship with
Transporter, no delinquent balances should be consistently outstanding for natural gas
sales or transportation services made previously by Transporter, and Shipper must have
paid its account in the past according to the credit terms and contract provisions and
not made deductions or withheld payment for claims not authorized by contract; and (iv)
no significant collection, lawsuits or judgments are outstanding which would seriously
reflect upon the business entity's ability to remain solvent.
In the case of a joint action agency which acts as Shipper for other public agencies
which have aggregated their firm service agreements into a single Service Agreement
pursuant to the aggregation provisions of the settlement filed and approved in Docket
No. RS92-16-000, the foregoing information shall be provided by each member public
agency who in turn shall guarantee the obligations of the joint action public agency to
the extent of each such member's share of the total firm entitlement of such joint
action public agency.
(c) (1) If a Shipper fails to establish creditworthiness as provided herein, Shipper may
still receive interruptible service of any duration, or firm service through
purchase of capacity relinquished for a maximum period of up to one (1) month
under the applicable Rate Schedule provided it furnishes and maintains in effect
one of the following at Shipper's discretion and acceptable to Transporter: (i) a
written guarantee from a third party which is creditworthy as determined above;
or (ii) an irrevocable standby letter of credit; or (iii) an amount equal to the
amount which would be charged to Shipper for three (3) month's service or the
term of service, whichever is less, to be deposited in an escrow account at a
bank of Shipper's choosing; or (iv) other security.
(2) If a Shipper fails to establish creditworthiness as provided herein, Shipper may
still receive firm service or service through purchase of capacity relinquished
for a period longer than one (1) month under the applicable Rate Schedule
provided it furnishes and maintains in effect one of the following at Shipper's
discretion and acceptable to Transporter: (i) a written guarantee from a third
party which is creditworthy as determined above; or (ii) an irrevocable standby
letter of credit; or (iii) an amount equal to the amount which would be charged
to Shipper for three (3) month's service or the term of service, whichever is
less, to be deposited in an escrow account at a bank of Shipper's choosing; or
(iv) other security.