Steckman Ridge, LP
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective
Original Sheet No. 223 Original Sheet No. 223
GENERAL TERMS AND CONDITIONS
(Continued)
4. CREDIT EVALUATION
4.1 Evidence of creditworthiness. Steckman Ridge's acceptance of a
request for new service or a request resulting in a Billing
Amendment under any of Steckman Ridge's rate schedules is
contingent upon a satisfactory credit appraisal by Steckman Ridge.
Steckman Ridge shall apply, on a non-discriminatory basis,
consistent financial evaluation standards to determine the
acceptability of Customer's overall financial condition. Steckman
Ridge shall not use any criteria, formula, ranking system or other
methodology that would give any preference or advantage to an
affiliate of Steckman Ridge. To enable Steckman Ridge to conduct
such credit appraisal, a Customer shall submit the information
specified in Sections 4.1(a)-(f) below; provided, however, that
submission of such material shall not be deemed acceptance of a
request for service by Steckman Ridge, which determination shall
be made by Steckman Ridge only after submission of the material
and information set forth below and a determination by Steckman
Ridge that Customer is sufficiently creditworthy. In the event
Customer cannot provide the information required by this Section
4.1, Customer shall, if applicable, provide such information for
its parent company.
(a) Customer shall provide current financial statements, annual
reports, 10-K reports or other filings with regulatory
agencies which discuss Customer's financial status, a list
of all corporate affiliates, parent companies and
subsidiaries, and any reports from credit reporting and bond
rating agencies which are available. Steckman Ridge shall
determine the acceptability of Customer's overall financial
condition;
(b) Customer shall provide a bank reference and at least two
trade references. The results of reference checks and any
credit reports submitted pursuant to this Section 4.1 must
show that Customer's obligations are being paid on a
reasonably prompt basis;
(c) Customer shall confirm in writing that Customer is not
operating under any chapter of the bankruptcy laws and is
not subject to liquidation or debt reduction procedures
under state laws, such as an assignment for the benefit of
creditors, or any informal creditors' committee agreement.
An exception can be made for a Customer who is a debtor in
possession operating under Chapter XI of the Federal
Bankruptcy Act but only with adequate assurance that the
service billing will be paid promptly as a cost of
administration under the Federal Court's jurisdiction;
(d) Customer shall confirm in writing that Customer is not aware
of any change in business conditions which would cause a
substantial deterioration in its financial condition, a
condition of insolvency or the inability to exist as an
ongoing business entity;