Enron Mail

From:amr.ibrahim@enron.com
To:gloria.ogenyi@enron.com, harry.kingerski@enron.com
Subject:Illinois - Credit Worthiness requirements
Cc:bryan.gottfredson@enron.com, alberto.levy@enron.com,guillermo.canovas@enron.com, d..steffes@enron.com
Bcc:bryan.gottfredson@enron.com, alberto.levy@enron.com,guillermo.canovas@enron.com, d..steffes@enron.com
Date:Fri, 2 Nov 2001 09:45:01 -0800 (PST)


Gloria, Harry:

Slightly more complex than usual, but here are the credit/financial guarant=
ees requirements in Illinois for single billing service, and for providing =
nonresidential customers with 1 MW or more. I also included the requiremen=
ts for billing, collection, and remittances for IFC charges. Please advise=
if you want the conditions for greater than 15 MWh customers, all retail c=
ustomers excluding residential. =20

It is noteworthy that there is an obligation that within 15 days of downgra=
de of the agent, creditors, affiliates, or guarantors to a rating below A-1=
or A-, if issued from S&P or, P-1 or A3, if issued from Moody's, D-2 or A-=
, if issued from Duff & Phelps, or F-1 or A-, if issued from Fitch IBCA . W=
ithin 30 days after a downgrade the agent shall submit a report that identi=
fies the subsection under which it is seeking to demonstrate that its finan=
cial resources remain sufficient for providing the services for which it ha=
s received a certificate of service authority and includes the information =
and documents that subsection requires. See Illinois Administrative Code, =
Art. 451.740. =20


Please let me know if you have any question.

Brgrds=20

AI



Billing, collection and Remittance Procedures for IFC Charges=09Single Bill=
ing Service=09Nonresidential Customers with 1MW, or More=09
Billing Option Agreement RES shall remit IFC payment within 7 days of rec=
eipt of each IFC payment from customer. 6.8.1 If elected by RES, it shall=
remit to DSP the amount of IFC charges within 15 days after receipt of cal=
culated charges from DSP, regardless of whether RES has collected from cust=
omer. 6.8.2 If RES electing this option-which shall remain effective for=
a year-- does not have an unsecured debt rating of BBB- or better, it shal=
l deposit a security deposit equal to one month's estimated IFC charges. T=
his deposit is determined based on monthly kWh usage of customers. 6.8.3=
=0983 Illinois Admin. Code Art. 451.510 The applicant for single billing s=
ervices may demonstrate this credit-worthiness in one of four ways: a) The=
applicant may undertake a bond issued by a qualifying financial institutio=
n. The bond shall be equal to 15% of a good faith estimate of the total amo=
unt that the applicant's obligation to the utility under single billing dur=
ing the next twelve months. b) The applicant may deliver an irrevocable le=
tter of credit from an institution with a long-term obligation rating of A-=
or higher from S&P or A3 or higher from Moody's, A- or higher from Duff & =
Phelps, or A- or higher from Fitch IBCA. c) The applicant maintains at lea=
st 2 of the following commercial paper ratings: A-2 or higher from S&P, P-2=
or higher from Moody's, D-2 from Duff & Phelps, or F-2 from Fitch IBCA or =
at least two of the following long-term credit ratings: BBB- or higher from=
S&P, Baa3 or higher from Moody's, BBB- or higher from Duff & Phelps, or BB=
B- from Fitch IBCA. d) All obligations of the applicant to Illinois utili=
ties are unconditionally guar-anteed by an affiliate of the applicant that =
maintains at least 2 of the fol-lowing commercial paper ratings: A-2 or hig=
her from S&P, P-2 or higher from Moody's, D-2 from Duff & Phelps or F-2 fr=
om Fitch IBCA; or at least two of the following long-term credit ratings: B=
BB- or higher from Standard & Poor's, Baa3 or higher from Moody's or, BBB- =
or higher from Duff & Phelps, or BBB- or higher from Fitch IBCA. =0983 Ill=
inois Admin. Code Art. 451.110 An applicant shall be deemed to possess suf=
ficient financial capabilities to serve non-residential retail customers wi=
th maximum electrical demand of 1MWone megawatt or more if the applicant me=
ets any of the following criteria: 1) The applicant maintains at least one=
of the following commercial paper ratings: A- from S&P, P- from Moody's=
, , D- from Duff & Phelps , or F from Fitch IBCA or its successor; or at=
least one of the following long-term credit ratings: BBB- from S&P, Baa3=
from Moody's, , BBB- from Duff & Phelps , or BBB- from Fitch IBCA or i=
ts successor. The applicant shall provide with its application a copy of th=
e ratings agency reports that present the ratings of the applicant. 2) The=
applicant maintains a borrowing agreement with an affiliate with: A-2 fro=
m S&P, P-2 from Moody's, , D-2 from Duff & Phelps , or F-2 from Fitch IB=
CA; or at least one of the following long-term credit ratings: BBB- from S=
&P, Baa3 from Moody's, , BBB- from Duff & Phelps , or BBB- from Fitch =
IBCA. The amount of credit available to the applicant is no less than the g=
reater of $500,000 or 5% of the amount of the applicant's revenue for its m=
ost recently completed fiscal year. 3) The obligations of the applicant a=
rising from the acquisition of elec-tric energy are covered under an uncond=
itional guarantee is no less than the greater of $500,000 or 5% of the amou=
nt of the applicant's revenue from the sale of electric energy for the most=
recently com-pleted fiscal year. 4) The applicant certifies that it will=
offer to reimburse its Illinois retail customers for the additional costs =
those customers incur to acquire electric energy as a result of the applica=
nt's failure to comply with a contractual obligation to supply such energy.=
The applicant's pro-spective obligation to reimburse Illinois retail custo=
mers shall be covered by an unconditional guarantee, payment bond, or lette=
r of credit. 5) The applicant maintains a line of credit or revolving cre=
dit agree-ment from a financial institution with a long-term obligation rat=
ing of A- from S&P, A3 from Moody's, , A- from Duff & Phelps , or A- =
from Fitch IBCA or its successor. 6) The applicant earns 12 points on the=
financial ratios set forth in the code=09


Please advise.

Brgrds=20

AI