Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 02/01/2009, Docket: RP09-160-000, Status: Effective

Second Revised Sheet No. 144 Second Revised Sheet No. 144

Superseding: First Revised Sheet No. 144

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

14.2 Application of Payments for Released Capacity. Payments to Egan Hub by a

Replacement Customer for released capacity shall be applied as follows: (i) Egan Hub shall

retain amounts equal to the Replacement Customer's usage charges; (ii) Egan Hub will credit the

balance to Reservation Charges due from the Replacement Customer; and (iii) Egan Hub shall

remit the remaining balance, if any, or shall charge any balance due, to the Replacement

Customer, in accordance with Section 4.10 of the General Terms and Conditions of this FERC Gas

Tariff. If any balance due from the Replacement Customer remains unpaid, the outstanding

balance will then be billed to the Releasing Customer, provided that the Releasing Customer is

only liable to the extent of its Reservation Charges.

 

14.3 Payment. Customer shall pay Egan Hub by wire transfer the full amount reflected

on the invoice within ten (10) days of the date of the invoice. If the tenth (10th) day shall

fall upon a weekend or legal holiday, then such payment shall be made on the last regular

Business Day prior to such tenth (10th) day. Party making payment should submit supporting

documentation; party receiving payment should apply payment per supporting documentation

provided by the paying party; and if payment differs from invoiced amount, remittance detail

should be provided with the payment except when payment is made by electronic funds transfer

(EFT), in which case, the remittance detail is due within two Business Days of the payment due

date.

 

14.4 Billing Error. If an error is discovered in any billing, such error shall be

adjusted within thirty (30) days of the determination thereof.

 

14.5 Billing Disputes. If a dispute arises as to the amount payable in any invoice

rendered hereunder, Customer shall nevertheless pay when due the amount not in dispute under

such invoice and shall submit to Egan Hub a written explanation of the dispute and any

available supporting document. Such documentation shall be provided to Egan Hub at the time

that the payment is due. Such payment shall not be deemed to be a waiver of the right by

Customer to recoup any overpayment, nor shall acceptance of any payment be deemed to be a

waiver of the right by Customer to recoup any overpayment, nor shall acceptance of any payment

be deemed to be a waiver by Egan Hub of any underpayment. The parties shall then cooperate in

good faith to resolve such dispute as expeditiously as possible, and the portion, if any, of

such disputed amount eventually determined to be due shall bear interest at the rate stated in

Section 14.4 above from the original due date until the date actually paid. In the event

Customer fails to forward the entire undisputed amount due to Egan Hub when same is due,

interest on the unpaid portion shall accrue at the same rate of interest and in the same manner

as prescribed for pipeline refunds as set forth in Section 154.501(d) of the Commission's

regulations under the Natural Gas Act from the date such payment is due until the same is paid.

If Customer's failure to pay the undisputed portion of any invoice rendered hereunder continues

beyond thirty (30) days after the due date of such invoice, then Egan Hub, in addition to all

other legal remedies available to it, shall have the right and option to suspend further

deliveries of Gas until such default shall have been cured. If Customer's failure to pay the

undisputed portion of any invoice rendered hereunder continues beyond sixty (60) days after the

due date of such invoice, then Egan Hub, in addition to all other legal remedies available to

it, shall have the right and option to terminate service hereunder.