Wyckoff Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 12/31/9999, Docket: RP09- 444-000, Status: Accepted

Original Sheet No. 35 Original Sheet No. 35

 

of Customer's re-evaluation request, Customer shall either update or confirm in

writing the prior information provided to Transporter under Section

17.2 below, and such update shall include any event(s) that Customer

believes could lead to a material change in Customer's

Creditworthiness. Within five (5) Business Days after Transporter’s

receipt of Customer's request for re-evaluation, including all

information required under the immediately foregoing sentence,

Transporter will provide a written response to Customer's re-evaluation

request. Such written response shall include either a determination of

Creditworthiness status, clearly stating the reason(s) for

Transporter’s decision, or an explanation supporting a future date by

which a re-evaluation determination will be made; provided, however,

that in no event will such re-evaluation determination exceed twenty

(20) Business Days from the date of the receipt of Customer re-

evaluation request unless Customer and Transporter mutually agree to

some later date.

 

17.2. Requested Information. Upon request and at any time

during the term of a Service Agreement between Transporter and a

Customer, such Customer (and/or such Customer's Credit Support

Provider, if applicable) shall promptly, and in any event within five

(5) Days of Transporter’s request, provide in writing to Transporter,

for analyses of Creditworthiness, such Customer's (or Customer's Credit

Support Provider's): (i) complete set of latest audited financial

statements, (ii) annual report, if applicable; (iii) complete list of

Affiliates; (iv) publicly available information from credit reports of

credit and bond rating agencies; (v) private credit ratings, if

obtained by Customer; (vi) bank and trade references; (vii) statement

of legal composition; (viii) statement of length of time Customer's

business has been in operation, (ix) most recent Form 10-K, if

applicable, and other filed statements with the Securities and Exchange

Commission (or an equivalent authority) or such other publicly

available information; (x) for public entities, the most recent

publicly available interim financial statements, with an attestation by

its chief financial officer, controller or equivalent ("CFO") that such

statements constitute a true, correct, and fair representation of

financial condition prepared in accordance with Generally Accepted

Accounting Principles ("GAAP") (or equivalent, if not subject to GAAP

rules); (xi) for non-public entities, including, without limitation,

those that are state-regulated utilities: (a) the most recent available

interim financial statements, including, without limitation, a balance

sheet, income statement and cash flow statement and all footnotes to

each of the foregoing, with an attestation by its CFO that such

statements constitute a true, correct, and fair representation of

financial condition prepared in accordance with GAAP (or equivalent, if

not subject to GAAP rules), and (b) if applicable, an existing sworn

filing, including the most recent available interim financial

statements and annual financial reports filed with the respective

regulatory authority, showing the filer’s current financial condition;

(xii) for state-regulated utility local distribution companies,

documentation from their respective state regulatory commission (or an

equivalent authority) of an authorized gas supply cost recovery

mechanism which fully recovers both gas commodity and transportation

capacity costs and is afforded regulatory asset accounting treatment in

accordance with GAAP (or equivalent, if not subject to GAAP rules);

(xiii) a statement disclosing any pending litigation, collection

actions or judgments that objectively could be expected to cause a

substantial deterioration in Customer's or Customer's Credit Support

Provider’s financial condition; (xiv) such other information as may be

mutually agreed to by the Parties; and (xv) such other information as

Transporter may receive approval to include in this Gas Tariff.

Transporter shall be entitled, without waiving any other right or

remedy it may have, to refuse or suspend services under any Service

Agreement if Customer or Customer's Credit Support Provider fails to

provide information required under this Section within the time period

allowed under the NAESB guidelines as adopted by the FERC and

incorporated by reference in Section 11 of this Gas Tariff. Customer

promptly shall (a) inform Transporter of any and all material or

substantial changes in any Customer information provided under this

Section or in any other of Customer's financial,