MidContinent Express Pipeline LLC
Original Volume No. 1
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Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective
Original Sheet No. 174 Original Sheet No. 174
GENERAL TERMS AND CONDITIONS
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12. EVALUATION OF CREDIT
12.1 In evaluating requests for service and for certain other
purposes under this Tariff, including Sections 2.8 and 12.2 of these
General Terms and Conditions, MEP will perform a credit appraisal of
Shipper.
(a) Acceptance of a Shipper's request for service and
the continuation of service are contingent upon the Shipper
satisfying creditworthiness requirement on an on-going basis. MEP's
credit appraisal procedures involve the establishment of dollar
credit limits on a standardized, nondiscriminatory basis. To the
extent that a Shipper's accounts with MEP do not exceed such limit,
and Shipper has met all creditworthiness requirements as determined
in periodic credit reviews by MEP, which reviews may be conducted on
at least an annual basis, new credit appraisals may be required when
an existing Agreement is amended or a request for a new Agreement is
made, subject to the provisions of Section 2.8 and 12.2 of these
General Terms and Conditions. To determine creditworthiness, a credit
appraisal shall be performed in accordance with the following
criteria:
(1) MEP shall apply consistent evaluation
practices to all similarly situated Shippers to determine the
Shipper's financial ability to perform the payment of obligations due
to MEP over the term of the requested or existing Agreement(s). The
creditworthiness requirements of this Section 12 shall apply to any
assignment (in whole or in part) of any Agreement or any release of
an Agreement.
(2) A Shipper will be deemed creditworthy if (i)
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, MEP may require further analysis as discussed
below); and (ii) the sum of reservation fees, commodity fees and any
other associated fees and charges for the contract term is less than
15% of Shipper's tangible net worth. In the event Shipper is rated by