Ngo Transmission, Inc.
Original Volume No. 1
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Effective Date: 11/22/2003, Docket: RP04- 67-000, Status: Effective
Original Sheet No. 73 Original Sheet No. 73 : Effective
Transporter may immediately suspend service. Transporter may
terminate service on thirty (30) days' prior notice (the notice
may be concurrent with the suspension notice above) if Shipper
fails to satisfy the credit requirements within the applicable
notice period. Any notices hereunder shall also be provided
simultaneously to the Commission. In addition, Transporter shall
notify the Commission by the next Business Day if a suspension or
termination actually occurs.
6.5 Insolvency: For purposes herein, the insolvency of a Shipper
shall be conclusively demonstrated by the filing by Shipper or any
parent entity thereof (hereinafter collectively referred to as
"the Shipper") of a voluntary petition in bankruptcy or the entry
of a decree or order by a court having jurisdiction in the
premises adjudging the Shipper bankrupt or insolvent, or
approving, as properly filed, a petition seeking reorganization,
arrangement, adjustment or composition of or in respect of the
Shipper under the Federal Bankruptcy Act or any other applicable
federal or state law, or appointing a receiver, liquidator,
assignee, trustee, sequestrator (or other similar official) of the
Shipper or of any substantial part of its property, or the
ordering of the winding-up or liquidation of its affairs.
Insolvency may also be demonstrated by a filing made by a third
party for the involuntary bankruptcy or insolvency of Shipper.
6.6 Creditworthiness: 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, Transporter 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 fifteen percent (15%) of Shipper's
tangible net worth. If a Shipper has multiple service agreements
with Transporter, then the total potential fees and charges of all
such service agreements shall be considered in determining
creditworthiness.
If Shipper does not meet the criteria described above, then
Shipper may request that Transporter evaluate its creditworthiness
based upon the level of service requested relative to the
Shipper's current and future ability to meet its obligations.
Transporter shall apply consistent evaluation practices to all