Millennium Pipeline Company, L. L. C.
Original Volume No. 1
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Effective Date: 11/01/2009, Docket: RP10-17-000, Status: Effective
First Revised Sheet No. 70B First Revised Sheet No. 70B
Superseding: Original Sheet No. 70B
GENERAL TERMS AND CONDITIONS
(Continued)
(iv) Shipper must not be operating under any chapter of
the bankruptcy code and must not be subject to liquidation or
debt reduction procedures under state laws and there must not be
pending any petition for involuntary bankruptcy against Shipper.
An exception for a Shipper who is a debtor in possession
operating under Chapter 11 of the bankruptcy code will be made
if Transporter is adequately assured that the service billing
will be paid promptly as a cost of administration under the
federal court's jurisdiction, based on an effective court order,
and if Shipper continues to actually make payment.
(v) Whether Shipper is subject to any lawsuits or
judgments outstanding which would seriously reflect upon the
Shipper's ability to remain solvent.
(vi) Whether Shipper has or has had any delinquent
balances outstanding for services provided previously by
Transporter, whether Shipper has paid and is paying its account
balances according to the terms established in its Service
Agreements, and whether any deductions or payments were withheld
for claims not authorized by the Service Agreements.
(vii) The nature of Shipper's business and the effect on
that business of general economic conditions and economic
conditions specific to Shipper, including Shipper's ability to
recover the costs of Transporter's services through regulatory
filings or otherwise to recover such costs from Shipper's
customers.
(viii) Any other information obtained that is relevant to
Shipper's current and future financial strength.