Northern Natural Gas Company
Fifth Revised Volume No. 1
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Effective Date: 04/17/2010, Docket: RP10-502-000, Status: Effective
Seventh Revised Sheet No. 285 Seventh Revised Sheet No. 285
Superseding: Substitute Sixth Revised Sheet No. 285
GENERAL TERMS AND CONDITIONS
gas industry. If Northern determines that Shipper does not have an
acceptable rating as set forth above, Shipper may, at its own expense, obtain
a private rating from Standard & Poor's, Moody's, Fitch, or Dominion, or, as
an alternative, request that an independent certified public accountant,
mutually acceptable to Shipper and Northern, prepare an equivalent evaluation
based on the financial analysis criteria and ratios which are generally
acceptable in the natural gas industry. In addition, to establish
creditworthiness Shipper must confirm in writing that Shipper is not
operating under any chapter of the bankruptcy laws and is not subject to
liquidation or debt reduction procedures under state laws, such as an
assignment for the benefit of creditors, or any informal creditors' committee
agreement. Northern's creditworthiness provisions shall not supersede
applicable bankruptcy laws. Northern will provide Shipper written notice of
the reasons it has been deemed non-creditworthy at the same time that
Northern provides the notification to Shipper that it has been deemed
non-creditworthy.
If a Shipper otherwise fails to establish or maintain creditworthiness
as provided herein, Shipper may still receive service under the
applicable Rate Schedule provided it furnishes and maintains for the
term of:
(a) any Firm Service Agreement:
(i) a written guarantee in a form satisfactory to Northern from a
third party which is creditworthy as determined above;
(ii) an irrevocable standby letter of credit from a financial institution
acceptable to Northern in an amount not to exceed a rolling 3 months
(or, at Shipper's option, the highest 3 months) of reservation
charges under the contract plus an amount equal to the highest
monthly imbalance volume owed by shipper during the previous
12 months, valued at up to the highest basis adjusted NYMEX futures
price in the next 12 month period;
(iii) cash in the amount not to exceed a rolling 3 months (or, at Shipper's
option, the highest 3 months) of reservation charges under the
contract plus an amount equal to the highest monthly imbalance volume
owed by the shipper during the previous 12 months valued at up to the
highest basis adjusted NYMEX futures price in the next 12 month
period; or
(iv) other security acceptable to Northern.
In the event Northern constructs new lateral facilities to
accommodate a Shipper, Northern may require additional Security in an
amount up to the Shipper's proportionate share in the cost of the
facilities. In the event a Shipper defaults and its service is
terminated, Northern shall mitigate damages from the default and
reduce the Security retained from the defaulting Shipper through
methods such as netting the difference between the highest net
present value of any replacement contract entered into for the
terminated capacity and the net present value of the remaining term
of the defaulting Shipper's contract at the time of the default; or