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. 71C First Revised Sheet No. 71C
Superseding: Original Sheet No. 71C
GENERAL TERMS AND CONDITIONS
(i) In complying with the creditworthiness related notifications pursuant to the
applicable NAESB WGQ Standards, the Shipper(s) and Transporter may mutually agree to other
forms of communication in lieu of Electronic Notice Delivery notification.
(j) If a Shipper becomes insolvent or loses its creditworthiness after service
commences on Transporter's system, Transporter will notify Shipper via Electronic Notice
Delivery and facsimile stating that the Shipper has lost its creditworthiness status. If
Shipper is a Replacement Shipper, simultaneous notice will also be sent to the Releasing
Shipper via Electronic Notice Delivery and facsimile. Within ten (10) days of such notice,
Transporter will provide the non-creditworthy Shipper a detailed written explanation of the
reasons for such loss of creditworthiness and provide a recourse for Shipper to challenge that
(k) Regardless of whether Shipper is insolvent, has lost its creditworthiness status or
does not desire to continue service with Transporter, Shipper will continue to be liable for
all charges due under its Service Agreement and associated rate schedule. If the Shipper
desires to continue service with Transporter, Transporter may require the Shipper to pay any
outstanding balances due Transporter for services rendered and provide adequate credit
assurances in accordance with Section 3.9(c) above.
(l) If Shipper fails to provide the credit assurance within the specified time period,
Transporter may (i) immediately suspend service to Shipper, or (ii) terminate Shipper's
Service Agreement upon at least thirty (30) days written notice to Shipper, Releasing Shipper,
if any, and the Commission that it will terminate service to Shipper if Shipper fails to pay
the outstanding balance or provide the required credit assurance. Any such termination will
not waive any rights Transporter may otherwise have under any and all Service Agreements with
Shipper including, but not limited to, the right to sue Shipper for unmitigated damages
resulting from Shipper's breach of contract. If Transporter terminates the service of a
Replacement Shipper, Transporter will provide simultaneous notice to the Replacement Shipper
and Releasing Shipper via Electronic Notice Delivery and facsimile.
3.11 Requests for service which do not include all of the credit assurance information required
by Sections 3.1 through 3.10 are null and void.
3.12 If a Shipper has multiple Service Agreements with Transporter and defaults on one Service
Agreement, Transporter may deem a default by Shipper on that one Service Agreement as a loss of
creditworthiness on any other Service Agreement the Shipper has with Transporter; provided,
however, this provision does not apply to amounts disputed by Shipper in good faith. This Section
3.12 will be applied solely to the Shipper that is the Service Agreement holder.
3.13 Transporter intends Section 3.9(b)(4)(iv)above to be read in harmony, and not in conflict,
with the bankruptcy code.