Pine Prairie Energy Center, LLC
Original Volume No. 1
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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective
Original Sheet No. 109 Original Sheet No. 109 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
(5) If Prospective Customer has an on-going business relationship
with PPEC, no delinquent balances shall be outstanding for
services PPEC shall have previously performed and Customer shall
have paid its account in the past according to the established
terms and not made deductions or withheld payment for claims not
authorized by contract;
(6) Prospective Customer shall confirm in writing that no
significant collection lawsuits or judgments are outstanding which
would seriously reflect upon the business entity's ability to
remain solvent;
(7) For prospective Customers that are state-regulated local
distribution companies, documentation provided by each state
regulatory commission (or equivalent authority) having
jurisdiction over the local distribution company's rates
establishing the existence and effectiveness of an authorized gas
cost recovery mechanism which (x) provides for full recovery of
both gas commodity and transportation capacity costs and (y) is
afforded regulatory asset accounting treatment in accordance with
Generally Accepted Accounting Principles;
(8) A Statement of prospective Customer's legal composition and a
statement of the length of time Customer's business has been in
operation; and
(9) Such other information as may be mutually agreed to by PPEC
and prospective Customer.
(h) In the event prospective Customer cannot provide
the information specified in Section 3.3(g) above, it shall, if
applicable, provide that information for its parent company.
(i) PPEC shall not be required to perform or to
continue service under any Rate Schedule on behalf of any Customer
or prospective Customer which is or has become insolvent or which,
at PPEC's request, fails to demonstrate creditworthiness in
accordance with Section 3.3, and PPEC may take such action as is
permitted in Section 28.2 of these General Terms and Conditions;
provided, however, that such Customer or prospective Customer may
receive service under any Rate Schedule if it provides Financial
Assurances pursuant to Section 31. For purposes of this Section
3.3(i), the insolvency of a Customer or prospective Customer shall
be conclusively demonstrated by the filing by Customer, or any
parent entity thereof or guarantor of Customer, of a voluntary
petition in bankruptcy or the entry of a decree or order by a
court having jurisdiction in the premises adjudging the Customer,
or any parent entity thereof or guarantor of Customer, bankrupt or
insolvent, or approving, as properly filed, a petition seeking
reorganization, arrangement, adjustment or composition of or in
respect of the Customer, or any parent entity thereof or guarantor
of Customer, under the U.S. Bankruptcy Code or any other
applicable federal or state