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. 71 First Revised Sheet No. 71
Superseding: Original Sheet No. 71
GENERAL TERMS AND CONDITIONS
(Continued)
(c) Transporter may require adequate assurance of payment for any service under this
Tariff requested by an insolvent or uncreditworthy Shipper. Such a Shipper may receive or
continue to receive service if it provides adequate assurance of payment for service. Adequate
credit assurance will be calculated as follows: (i) For firm service, including service under
Rate Schedules FT-1, FT-2, BH-1 and HT-1, the credit assurance elected must equal the value of one
(1) month of demand charges under Shipper's Service Agreement(s) with Transporter, to be provided
within five (5) business days from the day Transporter notifies the Shipper that Shipper did not
qualify for or has lost its creditworthiness status, and an additional two (2) months of demand
charges to be provided within thirty (30) days from the day Transporter notified the Shipper that
the Shipper has not qualified for or has lost its creditworthiness status; (ii) for all other
services provided pursuant to the Tariff, the credit assurance elected must equal the value of one
(1) month of the highest usage under Shipper's Service Agreement(s) with Transporter, to be
provided within five (5) business days from the day Transporter notifies the Shipper that Shipper
did not qualify for or has lost its creditworthiness status, and an additional two (2) highest
months of estimated usage during the term of the Service Agreement(s)to be provided within thirty
(30) days from the day Transporter notified the Shipper that the Shipper has not qualified for or
has lost its creditworthiness status. For a new Shipper, adequate credit assurance under this
subparagraph (ii) will be based on the three (3) highest months of estimated usage during the term
of the Service Agreement and for an existing Shipper, adequate credit assurance will be based upon
the highest three (3) months of activity for all of Shipper's active Service Agreements during the
previous twelve months.
In addition, for PALS lending services, Transporter has the right to seek additional security to
cover the value of any quantity of loaned gas in Dths, valued at the Spot Market Price. Such
determination will be based upon the weekly prices that are available at the time creditworthiness
is being determined. Furthermore, Transporter has the right to seek security to cover the
estimated value of a future monthly gas loan for non-creditworthy Shippers as follows: For a non-
creditworthy new Shipper, a security amount equal to such Shipper's gas loan quantity in Dths
multiplied by the Gas Loan Rate as described below. The term "Gas Loan Rate" equals the average of
the NYMEX future prices for the available gas loan period as such prices close on the day the Gas
Loan Rate is determined.
Transporter has the right to seek additional security to cover the value of any imbalance owed
Transporter by a non-creditworthy Shipper. Transporter will value the imbalances at the Spot
Market Price. Furthermore, Transporter has the right to seek security to cover the estimated value
of a future monthly imbalance for non-creditworthy Shippers as follows:
For a non-creditworthy new Shipper, a security amount equal to 10% of such Shipper's estimated
monthly usage multiplied by the Estimated Imbalance Rate as described below. For a non-
creditworthy existing Shipper, a security amount equal to such Shipper's largest monthly imbalance
owed to Transporter over the most recent 12 month period multiplied by the Estimated Imbalance
Rate. The term "Estimated Imbalance Rate" equals the average of the NYMEX future prices for the
available 12 month period as such prices close on the day the Estimated Imbalance Rate is
determined.
Adequate assurance of payment may include:
(1) a cash deposit with Transporter held for security, provided that such deposit may
be applied by Transporter to satisfy a delinquent account;
(2) an irrevocable letter of credit from a financial institution deemed acceptable in
Transporter's sole and reasonable discretion;
(3) a guarantee that is both from a creditworthy entity and in a form deemed acceptable in
Transporter's reasonable discretion; or
(4) a grant to Transporter of a security interest in collateral, the value of which is
mutually agreed upon by Transporter and Shipper.
Unless otherwise agreed, the credit assurances must at all times maintain a value specified above
equal to the highest estimated charges during the term of the Service Agreement. Any deposit
held by Transporter pursuant to this Section 3.9(c) will accrue interest on that deposit at the
Federal Funds Rate. Upon Shipper's request, Transporter will remit the balance of such interest
to Shipper within thirty days provided, however, that Transporter will not be required to remit
interest to Shipper more often than every thirty days.