National Fuel Gas Supply Corporation
Fourth Revised Volume No. 1
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Effective Date: 08/01/1997, Docket: RP97-398-000, Status: Effective
Original Sheet No. 471 Original Sheet No. 471 : Effective
GENERAL TERMS AND CONDITIONS
31. QUALIFICATION FOR SERVICE (Cont'd.)
(B) for all other services, the cost of performing the
service requested by Shipper for a three-month
period; or
(ii)if it prepays for service or furnishes an irrevocable
letter of credit pursuant to Section 31.2(c) hereof.
For purposes herein, the insolvency of a Shipper shall be
evidenced by the filing by Shipper or any parent entity
thereof (hereinafter collectively referred to as "the
Shipper") of a voluntary petition in bankruptcy or the entry
of a decree or order by a court having jurisdiction in the
premises adjudging the Shipper bankrupt or insolvent, or
approving, as properly filed, a petition seeking re-
organization, arrangement, adjustment or composition of or in
respect of the Shipper 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 the 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 sixty (60)
consecutive days.
(b) For purposes of Section 31.2(a), a Shipper's credit worthi-
ness shall not have been demonstrated if (i) the Shipper has
a poor credit history, as established by a reliable reporting
agency, or with respect to any services provided by Seller,
or (ii) the Shipper's net worth, or its unencumbered assets
in each state in which Seller operates, is worth less than
the amount applicable under Section 31.2(a)(i). Transporter
may, from time to time, limit the service it provides to
Shipper to such level as is commensurate with the prepayment
or other security provided as set forth above, or as is
necessary to ensure that neither Shipper's net worth, nor its
unencumbered assets in the states in which Seller operates is
less than the amount applicable under Section 31.2(a)(i).