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. 160 Original Sheet No. 160 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
a replacement Letter of Credit no later than 120
days prior to the expiration of the then-
effective Letter of Credit. PPEC will return the
expiring Letter of Credit to Customer within five
(5) days of the date the Replacement Letter of
Credit becomes effective;
(2) each Letter of Credit shall be in form and
substance satisfactory to PPEC, and shall provide
for partial drawdowns and, without limiting the
generality of the foregoing, shall be issued by a
financial institution acceptable to PPEC that is
rated at least BBB- by Standard and Poor's
Corporation and Baa3 by Moody's Investor Services,
Inc.; and
(3) in addition to all other remedies available to
PPEC at law or in equity, if Customer fails to
provide a replacement Letter of Credit in
accordance with this Section 31.7(a), PPEC may
draw upon the expiring Letter of Credit to the
full amount thereof and apply the funds so drawn
in payment in whole or in part of the obligations
of Customer under each or any of Customer's Storage
Service Agreements.
(b) Customer shall provide to PPEC, to secure its
obligation to PPEC pursuant to each of Customer's Storage Service
Agreements, a Guarantee granted to PPEC by Customer's direct or
indirect parent (the "Guarantor") with an Acceptable Credit
Rating. The Guarantee shall be in a form acceptable to PPEC and
the provisions of this Section shall apply to the Guarantor as if
the Guarantor were the Customer.
(c) If Customer has requested, PPEC may accept other
forms of Financial Assurances to secure Customer's obligations
under the Storage Service Agreements, provided that PPEC may
reject or accept such other forms of Financial Assurances in a
manner that is not unduly discriminatory; or
(d) Customer shall prepay for service in an amount as
set forth immediately below, provided that such prepayments shall
be considered collateral held for security and not advance
payments for services and that Customer may deposit its prepayment
funds into an interest-bearing escrow account established by
Customer granting PPEC access to the account for payment of
services under Customer's Storage Service Agreement(s).
The dollar value of the Financial Assurances set forth above in
this Section 31.7 to be provided by Customer shall be in an amount
equal to: (1) in the case of Firm Storage Services to be provided
by PPEC using existing facilities, reservation charges payable at
the rate specified in Customer's bid for service or Storage
Service Agreement for a period of three (3) Months or the duration
of the Customer's bid or Storage Service Agreement, whichever is
shorter; (2) in the case of Interruptible services to be provided
by PPEC using existing facilities, the Interruptible charge(s)
calculated on a one hundred percent (100%) load factor basis
payable for a period of three (3) Months or the duration