Texas Eastern Transmission Corporation
Sixth Revised Volume No. 1
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Effective Date: 10/01/1994, Docket: MT94- 24-000, Status: Effective
First Revised Sheet No. 453 First Revised Sheet No. 453 : Effective
Superseding: Original Sheet No. 453
GENERAL TERMS AND CONDITIONS
(Continued)
3.3 Pipeline's acceptance of a request for service under an
Open-access Rate Schedule is contingent upon Customer satisfying a credit
appraisal by Pipeline. Pipeline shall apply, on a non-discriminatory basis,
consistent financial evaluation standards to determine the acceptability of
Customer's overall financial condition. Such credit appraisal and any
further or on-going credit appraisal as may be necessary shall be based upon
the following information and criteria:
(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. Pipeline shall
determine the acceptability of the 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 in 3.3(A) 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;
(E) If Customer has an on-going business relationship with
Pipeline, no delinquent balances should be outstanding for
services made previously by Pipeline and Customer must have
paid its account during the past according to the
established terms and not made deductions or withheld
payment for claims not authorized by contract; and