Southeast Supply Header, LLC
Original Volume No. 1
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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective
Original Sheet No. 335 Original Sheet No. 335
GENERAL TERMS AND CONDITIONS
(CONTINUED)
27. CREDITWORTHINESS (continued)
27.2 Credit Requirements for long-term Shippers (continued)
(b) A Shipper whose long term senior unsecured debt does not
have an acceptable rating as set forth in Section 27.2(a)
above will be accepted as creditworthy if (i) Transporter
determines that, notwithstanding the absence of an
acceptable rating, the financial position of Shipper (or an
affiliate who guarantees Shipper's obligations under the
Agreement) is acceptable to Transporter and its lenders; or
(ii) the Shipper provides an irrevocable letter of credit
in an amount equal to three (3) Months of estimated
reservation charges under the Agreement; provided that such
amount shall be adjusted annually to reflect any change in
the estimated reservation charges under the Agreement for
the succeeding three (3) Months or (iii) Shipper provides
other security acceptable to Transporter and its lenders,
each acting reasonably.
Transporter shall provide such Shipper with a written
statement supporting Transporter's request for the security
amount requested at the time such security is requested.
If Transporter rejects the security provided by Shipper in
accordance with Section 27.2(b)(i)-(iii) above, Transporter
shall re-issue its request for the security and include a
written explanation for the rejection of the security
previously provided by Transporter.
(c) Nothing herein shall be read to preclude Transporter from
requiring, and enforcing for the term of the contracts, a
greater amount of security in agreements supporting an
application for a certificate to construct new or expanded
facilities, including any replacement contract entered into
upon a permanent release of capacity under such contract,
any assignment of such contract or any resale of capacity
subject to such contract in the event of a default.