Original Volume No. 1

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Effective Date: 06/01/2009, Docket: RP09-365-000, Status: Effective

Original Sheet No. 66 Original Sheet No. 66


(c) Company shall not be required to perform and shall have the

ability to suspend service for any Customer who is or has become

insolvent, fails to demonstrate credit worthiness under Section

19.1, fails to timely provide information to Company as requested

in Section 19.1(b), or fails to demonstrate ongoing credit

worthiness as a result of credit information obtained pursuant

to Section 19.2(b); provided, however, Customer may receive or

continue to receive service if Customer either (i) furnishes and

maintains for the term of the applicable service agreement a

guaranty in form and substance satisfactory to Company,

executed by a person Company deems credit worthy, of Customer's

performance of its obligations to Company, or (ii) furnishes

other form of security as Customer may agree to provide and as

may be acceptable to Company.


(d) In the event such Customer fails to immediately furnish

security under Section 19.2(c)(i) or Section 19.2(c)(ii), Company

may, without waiving any rights or remedies it may have, and

subject to any necessary authorizations, suspended further

service until security is received.


The insolvency of a Customer shall be evidenced by the filing

of such Customer or any parent entity thereof of a voluntary

petition in bankruptcy or the entry of a decree or order

by a court having jurisdiction in the premises adjudging the

Customer or any parent entity thereof bankrupt or insolvent,

or approving as properly filed a petition seeking reorganization,

arrangement, adjustment or composition of, or in respect of the

Customer or any parent entity thereof under the Federal

Bankruptcy Act or any other applicable federal or state law,

or appointing a receiver, liquidator, assignee, trustee,

sequestrator, (or similar official) of the Customer or

any parent entity thereof or of any substantial part of its

property, or the ordering of the winding-up or liquidation of

its affairs, with said order or decree continuing unstayed and

in effect for a period of sixty (60) consecutive days.




In the event firm LNG storage capacity on Company's system becomes

available other than through the applicable provisions of

Section 18, Company shall post on its EBB all relevant terms and

conditions pertaining to such capacity and will solicit bids for at

least the following periods:


(a) one business day for firm capacity which will be available

for one month or less;


(b) five business days for firm capacity which will be

available for more than one month but less than 12 months; and