Steuben Gas Storage Company
Original Volume No. 1
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Effective Date: 06/27/1996, Docket: CP96- 35-002, Status: Effective
Original Sheet No. 153 Original Sheet No. 153 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
(ii) furnishes good and sufficient security, which may
include an acceptable standby letter of credit, or
monthly prepayment agreement or other security as
reasonably determined by Seller, of a continuing
nature and in an amount equal to such amounts
which would be due for service. If such payment
on account or payment security is not received
within such fifteen (15) Day notice period, Seller
may, without waiving any rights or remedies it may
have, suspend further service for a period of ten
(10) Days.
If such payment on account or a payment security is not
received within such ten (10) Day suspension period, then
Seller shall no longer be obligated to continue to
provide service to such Customer.
Seller shall not be required to commence service, or subject
to the following provisions, to continue to provide service
and may terminate an Agreement with any Customer under Rate
Schedule FS having a term of more than one year if Customer,
or its guarantor, fails to maintain a long-term debt rating
issued by either Moody's Investors Service, or Standard and
Poor's Corporation, or Customer's, or its guarantor's,
long-term debt rating issued by Moody's Investors Service or
Standard and Poor's Corporation falls below a rating of at
least Baa according to Moody's Investors Service or BBB
according to Standard & Poor's Corporation; provided, however,
that any Customer or its guarantor that is not so rated by
either Moody's Investors Service or Standard and Poor's
Corporation must demonstrate to Seller its satisfactory
creditworthiness by meeting the following minimum criteria for
the last two fiscal years: 1) Pretax interest coverage of at
least 2.08 to 1, 2) Earnings before interest, depreciation and
amortization to Interest expense of 3.58 or better, 3) Funds
from operations to Debt of at least 21.4% and 4) Debt to
capitalization ratio of 55% or less. It is further provided
that any Customer that is receiving service shall continue to
receive service for a period of three (3) Months during which
Customer shall have the opportunity to:
(1) attain minimum long-term debt ratings as described
above; or
(2) secure a guarantee by a person with a minimum
long-term debt rating as described above; or