Florida Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 02/01/1994, Docket: RP94- 82-000, Status: Effective
First Revised Sheet No. 136 First Revised Sheet No. 136 : Superseded
Superseding: Original Sheet No. 136
GENERAL TERMS AND CONDITIONS (continued)
(2) In the event Shipper fails to correct the noncompliance and
provide assurances acceptable to Transporter and its
creditor within twenty (20) days of notice, including, but
not limited to, letters of credit, Transporter may suspend,
or, if consistent with the terms of the Service Agreement
between Shipper and Transporter, terminate service ten (10)
days after expiration of the twenty (20) day period
specified above. Transporter shall offer any firm capacity
rights terminated pursuant to this provision in accordance
with Section 17B. Transporter shall notify Shipper and the
Commission in writing of its decision to suspend or
terminate service.
16. CREDITWORTHINESS
(a) Transporter shall not be required to (i) execute a Transportation
Service Agreement providing for service under the applicable Rate
Schedule for any Shipper who fails to meet Transporter's standards
for creditworthiness, or (ii) initiate service for a Shipper who
fails to meet Transporter's standards for creditworthiness, or (iii)
continue transportation service for any Shipper who is or has become
insolvent or who, at Transporter's request, fails within a reasonable
period to demonstrate creditworthiness pursuant to Transporter's
standards.
For purposes herein, the determination of Shipper's creditworthiness
shall be based upon: (i) a credit rating of investment grade, defined
as a rating of at least "BBB-" by Standard & Poor's Corporation, or a
rating of at least "Baa3" by Moody's Investors Service, Inc. or (ii)
if Shipper is not rated by Standard & Poor's or Moody's rate
methodology, criteria and ratios which are generally acceptable in
the natural gas industry. In the event that Transporter determines
that Shipper does not have an acceptable rating as set forth above,
Shipper may, at its own expense, obtain a private rating from
Standard & Poor's or Moody's, or as an alternative, request that an
independent accountant or an independent financial consultant,
mutually acceptable to Shipper and Transporter, prepare an equivalent
evaluation based on the financial rating methodology, criteria and
ratios generally acceptable in the natural gas industry as published
by the above rating agencies from time to time.
(b) To permit Transporter to conduct a creditworthiness review, a Shipper
shall, upon request by Transporter, render to Transporter: (i)
complete and current financial statements, including annual reports,
10K reports or other filings with regulatory agencies, prepared in
accordance with generally accepted accounting principles, or for non-
U.S.-based Shippers, prepared in accordance with equivalent
principles; (ii) a list of corporate affiliates, parent companies and