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.