National Fuel Gas Supply Corporation
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 04/01/1997, Docket: RP97-201-000, Status: Effective
Original Sheet No. 237.22 Original Sheet No. 237.22 : Superseded
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 evi-
denced 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).