White River Hub, LLC
Original Volume No. 1
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Effective Date: 11/01/2008, Docket: RP08-645-000, Status: Effective
Original Sheet No. 93 Original Sheet No. 93
GENERAL TERMS AND CONDITIONS
(Continued)
8. CREDITWORTHINESS
8.1 In evaluating requests for service and for other purposes under
this Tariff, White River will perform a credit appraisal of Shipper.
(a) Acceptance of a Shipper's request for service and the
continuation of service to a Shipper are contingent upon the Shipper
complying with creditworthiness requirements of this Section 8 on an on-going
basis. To determine creditworthiness, a credit appraisal shall be performed
in accordance with the following criteria:
(i) White River shall apply consistent evaluation
practices to all similarly situated Shippers in determining any Shipper's
financial ability to perform its obligations to White River over the term of
the requested or existing Service Agreement.
(ii) A Shipper will be deemed creditworthy if:
(1) its long-term unsecured debt securities are
rated at least BBB- by Standard & Poor's Corporation (S&P) and at least Baa3
by Moody's Investor Service (Moody's) (provided, however, that if the
Shipper's rating is at BBB- or Baa3 and the short-term or long-term outlook
is Negative, White River may require further analysis as discussed below);
and
(2) the sum of reservation fees, usage fees and any
other associated fees and charges for the contract term, on a Net present
Value basis, is less than 15% of Shipper's tangible net worth. If a Shipper
has multiple service agreements with White River, then the total potential
fees and charges of all such service agreements shall be considered in
determining creditworthiness.
(iii) As used in the prior paragraph, the term "tangible
net worth" means the excess of assets over liabilities from an accounting
standpoint, which is also known as "capital." For example, in the case of a
corporation, tangible net worth is represented by the capital stock, paid-in
capital in excess of par or stated value, and other free and clear equity
reserve accounts, if any. White River defines tangible net worth for a
corporation as the sum of the capital stock, paid-in capital in excess of par
or stated value, and other free and clear equity reserve accounts less
goodwill, patents, unamortized loan costs or restructuring costs, and other
intangible assets. Only actual tangible assets are included in White River's
assessment of creditworthiness. Tangible net worth is compared with the Net
Present Value of a Shipper's obligations to White River under its contracts
in applying the 15% test in the prior paragraph.