Mojave Pipeline Company
Second Revised Volume No. 1
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Effective Date: 06/03/2010, Docket: RP10-706-000, Status: Effective
Fourth Revised Sheet No. 219B Fourth Revised Sheet No. 219B
Superseding: Third Revised Sheet No. 219B
GENERAL TERMS AND CONDITIONS
(Continued)
4. Requests for Service (Continued)
Prior to execution of a Transportation Service Agreement providing
for service under Rate Schedules FT-1, IT-1, and PAL, Shipper shall
be required to establish creditworthiness with Transporter.
Transporter shall not be required to execute a Transportation Service
Agreement providing for service under Rate Schedules FT-1, IT-1 or
PAL on behalf of any Shipper who fails to meet Transporter's
standards for creditworthiness or to initiate or continue service to
a Shipper who fails to meet Transporter's standards for
creditworthiness or to continue service to a Shipper who fails to pay
Transporter for transportation service as provided for in Shipper's
Transportation Service Agreement.
For purposes herein, the determination of Shipper's creditworthiness
shall be based upon: (a) a credit rating of investment grade,
defined as a rating of at least "BBB-" by Standard & Poor's
Corporation, or a rating of at least "Baa3" by Moody's Investors
Service, or (b) if Shipper is not rated by Standard & Poor's or
Moody's, an equivalent rating of investment grade as determined by
Transporter based on the financial rating methodology, criteria and
ratios for the industry of the prospective Shipper as published by
the above rating agencies from time to time, or (c) approval by the
lenders providing the financing for Transporter's pipeline
("Lenders"). In the event that Transporter determines the Shipper
does not have an equivalent rating of investment grade, Shipper may,
at its own expense, obtain a private rating from Standard & Poor's or
Moody's, or, as an alternative, request that an independent
accountant or an independent financial consultant, mutually
acceptable to Shipper and Transporter, prepare an equivalent
evaluation based on the financial rating methodology, criteria and
ratios for the industry of the prospective Shipper as published by
the above rating agencies from time to time.
If Shipper fails to establish creditworthiness when required to do
so, Shipper may still receive service under this rate schedule
provided it either (a) furnishes and maintains for the term of the
Transportation Service Agreement a written guarantee in a form
satisfactory to Transporter and Transporter's Lenders from a third
party which is creditworthy as determined above, or (b) furnishes
other security acceptable to Transporter's Lenders.
To permit Transporter to conduct such review, any Shipper or
prospective Shipper under this Rate Schedule shall, upon request by
Transporter, render to Transporter complete audited financial
statements prepared in accordance with generally accepted accounting
principles or, for non-U.S.-based Shippers, prepared in accordance
with equivalent principles.