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. 226 Original Sheet No. 226
GENERAL TERMS AND CONDITIONS
(Continued)
4. CREDIT EVALUATION (continued)
4.2 Forms of Security. (continued)
(d) With respect to a request for new service or a request
resulting in a Billing Amendment, the security required by
Steckman Ridge pursuant to Section 4.2(a) must be received
by Steckman Ridge within ten (10) Business Days of Steckman
Ridge's written notification to Customer; otherwise, such
request will be deemed to be null and void. With respect to
an existing Service Agreement, Customer must tender (i) an
advance payment equal to the highest month of activity
(based on usage of in-kind and loan agreements and the
billed amounts for all other agreements) for all of
Customer's active Service Agreements during the previous
twelve (12) months within five (5) Business Days of Steckman
Ridge's notification, and (ii) the security required by
Section 4.2(a) within thirty (30) days of Steckman Ridge's
notification. If such advance payment or security is not
received within the specified time period, then Steckman
Ridge may immediately suspend service, and may terminate
Customer's Service Agreement(s) upon thirty (30) days'
notice to Customer and the Commission.
(e) Security in the form of an advance deposit paid to Steckman
Ridge shall accrue interest to the benefit of Customer from
the date Steckman Ridge receives such deposit. Interest on
such advance deposits shall be calculated monthly at the
most recently established 91-day Treasury Bill auction rate,
as published in The Wall Street Journal. In the event that
a Customer who obtained credit approval by providing an
advance deposit subsequently satisfies the credit criteria,
Steckman Ridge shall return the advance deposit, plus
interest, to Customer. Alternatively, a Customer providing
security in the form of an advance deposit may deposit such
security into an interest-bearing escrow account,
established by Customer at Steckman Ridge's expense, to
which account Steckman Ridge shall have unrestricted access
in the amount of an invoice upon presentment of an invoice
for the payment of services provided to Customer. All
advance payments are considered to be collateral held for
security and not prepayments for service.
4.3 Once every twelve (12) months, Customer shall provide Steckman
Ridge with updated financial information in the form required in
Section 4.1 above. In addition, if Steckman Ridge becomes aware
that there may be a potentially material change in the financial
condition of an existing Customer, Steckman Ridge shall require
Customer to promptly resubmit all of the financial information
required in Section 4.1 above. Steckman Ridge shall re-evaluate
Customer's creditworthiness based upon the updated information
provided by Customer pursuant to Section 4.1 above. If Customer's
credit standing ceases to meet Steckman Ridge's credit
requirements at any time during the period of service, then
Steckman Ridge has the right to require security as specified in
Section 4.2(a) above. If the credit standing of any entity
issuing a letter of credit and/or guaranty in support of
Customer's obligations ceases to meet Steckman Ridge's credit
appraisal at any time during the period of service, then Steckman
Ridge has the right to require Customer to provide replacement
security that satisfies the requirements of Section 4.2(a) above.