Dominion South Pipeline Co., LP

Original Volume No. 1

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Effective Date: 12/16/2005, Docket: CP05- 77-001, Status: Effective

Original Sheet No. 1015 Original Sheet No. 1015 : Effective

 

 

GENERAL TERMS AND CONDITIONS

BILLING AND PAYMENTS

 

 

5.5 Failure to Make Full Payment (Cont.)

 

B. If Customer fails to pay, Pipeline, in addition to any other remedy it may have

hereunder, shall notify Customer in writing of its nonpayment, allowing Customer

fifteen (15) days to make payment of any unpaid amount and to provide written

assurances satisfactory to Pipeline that such non-payment will not recur. If, after

the expiration of the fifteen (15) days, Customer has not yet paid Pipeline or has not

provided the required written assurances as required by GT&C Section 6.5, then

Pipeline shall be authorized to suspend service. In addition to suspension, Pipeline

may terminate Customer's Service Agreement if Customer fails to remedy a delinquency

in payment. Any such termination requires thirty (30) days' prior notice to Customer

and to the Commission. To avoid termination, Customer must remedy the deficiency

within this notice period. Such notice may be provided contemporaneously with the

initial notice of nonpayment.

 

C. If Customer in good faith shall dispute the amount of any bill or any part thereof,

Customer shall provide written notice of its dispute including documentation

identifying the basis of dispute and shall either: (1) pay to Pipeline the full amount

of such bill, subject to refund under the provisions of GT&C Section 5.6, or (2) pay

to Pipeline such amount as it concedes to be correct, and at any time thereafter

within ten (10) days of a demand made by Pipeline, shall furnish good and sufficient

surety bond from a surety on the U.S. Treasury approved list guaranteeing payment to

Pipeline of the amount finally determined to be due. If, under option (2) as set forth

in the immediately preceding sentence, Customer, at Pipeline's demand, posts a surety

bond and the amount finally determined to be due is that amount that Customer asserted

in its written notice of its dispute as being the correct amount due, then Pipeline

shall reimburse Customer for the amount of the premium paid for the surety bond

obtained by Customer. Upon (1) payment of such bill in full in the manner herein

described or (2) the furnishing of such bond by Customer (unless and until default is

made in the conditions of such bond), Pipeline shall not be entitled to suspend

service pending a final determination of the amount due. If Customer provides notice

of its dispute and fails to (1) pay all or any part of such bill or (2) furnish a

bond, then Pipeline may take action to suspend service in the manner herein described.

A final determination of the amount due may be reached; by agreement between the

parties, by arbitration, or by final, non-appealable judgment of a court.

 

D. Notwithstanding any remedies that may otherwise be available, Pipeline and Customer

may resolve disputes through use of a complaint proceeding at the FERC pursuant to 18

C.F.R Section 385.206.

 

5.6 Over or Under Charges. If within six months from the date of the initial invoice (and, if

necessary, an additional three-month rebuttal period), it shall be found that Customer has

been overcharged or undercharged in any form whatsoever under the provisions hereof, and

Customer shall have actually paid the bills containing such overcharge or undercharge, then

within 30 days after the final determination thereof, as defined in GT&C Section 5.5,

Pipeline shall refund the amount of any such overcharge with Interest from the date of

payment until the date that full refund is made by Pipeline, and Customer shall pay the

amount of any undercharge but without Interest.

 

5.7 If there is a delay in the rendition of a bill it does not excuse Customer from its

obligation to pay for services provided by Pipeline under this Tariff. If rendition of a

bill to Customer by Pipeline is delayed after the ninth Business Day of the month, then the

time of payment shall be extended accordingly, unless Customer is responsible for such

delay.