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;