Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 07/06/2007, Docket: RP07-480-000, Status: Effective
Original Sheet No. 93D Original Sheet No. 93D : Effective
GENERAL TERMS AND CONDITIONS (Cont’d)
Adequate assurance of payment may include:
(1) a cash deposit with Seller of collateral held
for security, provided that such deposit may be applied by Seller to
satisfy a delinquent account;
(2) an irrevocable letter of credit that is both
from a creditworthy financial institution and in a form deemed
acceptable in Seller’s sole and reasonable discretion;
(3) a guarantee that is both from a creditworthy
entity and in a form deemed acceptable in Seller’s sole and reasonable
discretion; or
(4) a grant to Seller of a security interest in
collateral, the value of which is mutually agreed upon by Seller and
Customer.
Unless otherwise agreed, the credit assurance must at all times
maintain a value specified above equal to the highest estimated charges
during the term of the Service Agreements. Any deposit held by Seller
pursuant to Section 9.5 shall accrue simple interest at the Federal
Funds Rate. Upon Customer’s request, Seller will remit the balance of
the interest of Customer within thirty (30) days; provided, however,
that Seller shall not be required to remit interest to Customer more
often than every thirty days.
Seller has the right to seek additional security to cover the value of
any imbalance owed Seller by a non-creditworthy Customer. The
imbalances shall be valued at the “Spot Market Price” which shall be
defined, for each Dth on each applicable Day on which the gas is owed
as the midpoint of the range of prices reported for “Columbia Gas,
Appalachia” as published in Platts Gas Daily price survey or any
successor publication, less applicable transportation charges.
Furthermore, Seller has the right to seek security to cover the
estimated value of a future monthly imbalance for non-creditworthy
Customers as follows: For a non-creditworthy new Customer, a security
amount equal to 10% of such Customer’s estimated monthly usage
multiplied by the Estimated Imbalance Rate as described below. For a
non-creditworthy existing Customer, a security amount equal to such
Customer’s largest monthly imbalance owed to Seller over the most
recent 12-month period multiplied by the Estimated Imbalance Rate. The
term “Estimated Imbalance Rate” shall equal the average of the NYMEX
future prices for the available 12-month period as such prices close on
the day the Estimated Imbalance Rate is determined.