Central Kentucky Transmission Company
Original Volume No. 1
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Effective Date: 05/01/2006, Docket: CP05- 48-002, Status: Effective
Original Sheet No. 51 Original Sheet No. 51 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
3.8 Assurance of Payment. If Transporter denies a request for service or
does not approve the placement of Requestor's name on the Approved Bidder
List due to a failure to satisfy Transporter's creditworthiness
requirements, Requestor may obtain service or be placed on the Approved
Bidder List if it provides Transporter with assurance of payment in the
manner set forth at Section 3.9 below and otherwise complies with the
ongoing creditworthiness requirements set forth in Section 3.9. If
Requestor fails to tender such assurance of payment within 10 days, or such
longer time period reasonably established by Transporter, Transporter may
deny Requestor's request for service or reject any bid submitted by
Requestor.
3.9 Creditworthiness of Shipper.
(a) Subject to the provisions of paragraphs (b) and (c) immediately
below, Transporter shall not be required to perform or to continue to
perform service on behalf of any Shipper that (i) is or has become
insolvent, (ii) has applied for bankruptcy under Chapter 11 of the
Bankruptcy Code or is subject to similar proceedings under State or Federal
Law, or (iii) fails, in Transporter's reasonable judgment, to demonstrate
minimal creditworthiness for all or any part of the service requested,
based upon Transporter's consideration of available credit data concerning
Shipper and Shipper's past payment history, financial statements, and
credit reports.
(b) Transporter may require adequate assurance of payment for any
service under this Tariff requested by an insolvent or uncreditworthy
Shipper. Such a Shipper may receive or continue to receive service if it
provides adequate assurance of payment for service within 15 days after the
date of written demand by Transporter. Adequate assurance of payment may
include:
(1) deposit with Transporter of an amount equal to three months
of demand and commodity charges for the service, as set forth in the
applicable Service Agreement, provided that such deposit may be applied
by Transporter to satisfy a delinquent account, and any deposit held by
Transporter shall accrue simple interest at the Federal Funds Rate.
Upon request by Shipper, Transporter will remit the balance of such
interest to Shipper within thirty days, provided, however, that
Transporter shall not be required to remit interest to Shippers more
often than every thirty days;