Texas Eastern Transmission, L P
Seventh Revised Volume No. 1
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Effective Date: 06/15/2009, Docket: RP09-591-000, Status: Effective
Second Revised Sheet No. 515 Second Revised Sheet No. 515
Superseding: First Revised Sheet No. 515
GENERAL TERMS AND CONDITIONS
(Continued)
3.3 Credit Evaluation
(A) Pipeline's acceptance of a request for new service or a request resulting in a Billing
Amendment under any Rate Schedule set forth in Pipeline's FERC Gas Tariff is contingent
upon Customer satisfying a credit appraisal by Pipeline. Pipeline shall apply, on a
non-discriminatory basis, consistent financial evaluation standards to determine the
acceptability of Customer's overall financial condition. Pipeline shall not use any
criteria, formula, ranking system or other methodology that would give any preference
or advantage to an affiliate of Pipeline. Such credit appraisal and any further or on-
going credit appraisal as may be necessary shall be based upon the following
information and criteria:
(1) Customer shall provide current financial statements, annual reports, 10-K
reports or other filings with regulatory agencies which discuss Customer's
financial status, a list of all corporate affiliates, parent companies and
subsidiaries, and any reports from credit reporting and bond rating agencies
which are available. Pipeline shall determine the acceptability of the
Customer's overall financial condition;
(2) Customer shall provide a bank reference and at least two trade references. The
results of reference checks and any credit reports submitted in accordance with
Section 3.3(A)(1) must show that Customer's obligations are being paid on a
reasonably prompt basis;
(3) Customer shall confirm in writing that Customer is not operating under any
chapter of the bankruptcy laws and is not subject to liquidation or debt
reduction procedures under state laws, such as an assignment for the benefit of
creditors, or any informal creditors' committee agreement. An exception can be
made for a Customer who is a debtor in possession operating under Chapter XI of
the Federal Bankruptcy Act but only with adequate assurance that the service
billing will be paid promptly as a cost of administration under the Federal
Court's jurisdiction;
(4) Customer shall confirm in writing that Customer is not aware of any change in
business conditions which would cause a substantial deterioration in its
financial condition, a condition of insolvency or the inability to exist as an
ongoing business entity;
(5) If Customer has an on-going business relationship with Pipeline, no delinquent
balances should be outstanding for services provided previously by Pipeline and
Customer must have paid its account during the past according to the established
terms and not made deductions or withheld payment for claims not authorized by
contract; and
(6) 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.