Portland Natural Gas Transmission System
Second Revised Volume No. 1
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Effective Date: 09/01/2006, Docket: RP06-449-000, Status: Effective
Original Sheet No. 316 Original Sheet No. 316 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
(b) Except as provided in Section 15.4 and Section 20.6 herein,
Transporter shall seek appropriate authorization from the FERC prior to
termination of service for any Shipper that fails to demonstrate
creditworthiness or has become insolvent. For purposes herein, the insolvency
of a Shipper shall be evidenced by the filing by Shipper, or its parent, of a
voluntary petition in bankruptcy or the entry of a decree or order by a court
having jurisdiction in the premises adjudging Shipper or its parent bankrupt
or insolvent, or approving, as properly filed, a petition seeking
reorganization, arrangement, adjustment or composition of or in respect of
Shipper, or its parent, under the Federal Bankruptcy Act or any other
applicable federal or state law, or appointing a receiver, liquidator,
assignee, trustee, sequestrator (or other similar official of Shipper or of
any substantial part of its property, or the ordering of the winding-up or
liquidation of its affairs, with said order or decree continuing unstayed and
in effect for a period of at least sixty (60) consecutive Days.
3.8 Validation of Service Request. Each request for firm service
shall be evaluated by Transporter to determine Shipper's creditworthiness,
whether there is adequate System Capacity to fulfill the request, and whether
the request is compatible with the System's operating conditions. Transporter
may require any additional information necessary to process the request for
service, consistent with all applicable rules, regulations, or orders of the
FERC or other regulatory authority having jurisdiction. After validation of
the information submitted by Shipper in support of a request for service,
Transporter shall notify Shipper in writing.
3.9 Pre-qualification for Creditworthiness. Any prospective bidder
for capacity on the System may, but is not required to, apply to establish
creditworthiness prior to submitting a bid for capacity. To pre-qualify, a
prospective bidder must submit to Transporter a request for pre-qualification
for creditworthiness that includes the information specified in Section 3.4
herein. Transporter will evaluate the prospective bidder's creditworthiness
in accordance with the provisions of this Section 3, advise the prospective
bidder of the results of its credit evaluation, and establish a list of all
pre-qualified bidders. To remain on this list, a prospective bidder must
update the information required by Section 3.4 herein on an annual basis.
Based on a subsequent review of the prospective bidder's financial status,
Transporter may delete a pre-qualified bidder from its list of pre-qualified
bidders or may amend that list with respect to any limitations on credit. All
of the provisions of this Section 3 involving creditworthiness shall continue
to remain applicable to prospective bidders who pre-qualify under this
provision.