Columbia Gas Transmission LLC

Third Revised Volume No. 1

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Effective Date: 03/03/2009, Docket: RP09-340-000, Status: Effective

Original Sheet No. 319 Original Sheet No. 319

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

(d) If Shipper in good faith disputes the amount of any such bill or part thereof, Transporter

shall not be entitled to suspend further delivery of gas if

 

(i) Shipper pays to Transporter such amounts as it concedes to be correct and provides written

documentation as to the basis for the dispute;

 

(ii) within 30 days of a demand made by Transporter, Shipper furnishes good and sufficient

surety bond in an amount and with surety satisfactory to Transporter;

 

(iii) such surety bond guarantees payment to Transporter of the amount ultimately found due

upon such bill, plus accrued interest, upon a final determination by agreement or by judgment of the courts;

and

 

(iv) Shipper does not default on the conditions of such bond.

 

If Shipper (i) has complied with all of the requirements in the immediately preceding sentence; (ii) prevails

on the merits of such dispute concerning such bill by reason of a final determination by agreement or by

judgment of the courts; and (iii) makes payment to Transporter in accordance with such final determination,

then Transporter shall reimburse Shipper for the reasonable premium cost incurred by Shipper in obtaining such

surety bond upon Transporter's receipt from Shipper of the documentation of such premium cost.

 

10.3 Adjustment of Billing Errors. If it is determined that at any time or times Shipper has been

overcharged or undercharged in any form whatsoever under this Section 10 and Shipper has actually paid the

bills containing such overcharge or undercharge, Transporter shall refund the amount of any such overcharge or

Shipper shall pay the amount of any such undercharge within 30 days after final determination of such amounts.

If an error is discovered in the amount billed in any statement rendered by Transporter, such error shall be

adjusted within 30 days of Transporter's determination thereof, provided that claim therefore shall have been

made within 30 days from the date of discovery of such error but in any event within 6 months from the date of

such statement with a 3 month rebuttal period. These time limitations shall not apply in cases of FERC

required rate changes, to deliberate omissions, to misrepresentations or mutual mistake of fact. Neither

Shipper's nor Transporter's other statutory or contractual rights shall be diminished by this provision.

 

10.4 Suspension or Termination for Nonpayment. If Shipper under any Rate Schedule becomes delinquent by 10

days in the payment of any invoice, then such Shipper shall provide adequate assurance of payment to

Transporter within 10 days of the date of Transporter's written notice of such delinquency. If Shipper does

not, within such 10 day period, pay the invoice together with accrued interest, or does not provide adequate

assurance of payment in accordance with the provisions of Section 3 (Requests for Service) and Section 9

(Operating Conditions) of the General Terms and Conditions, Transporter, in addition to any other remedies it

may have, may commence suspension of service procedures by: (a) sending a first written notice to Shipper and

the Commission informing Shipper that its service will be suspended and its Service Agreement with Transporter

will be terminated in 30 days ("suspension date") if payment is not received; and (b) sending a second written

notice to Shipper and the Commission 10 days before the suspension date informing Shipper that its service

will be suspended and its Service Agreement with Transporter will be terminated on the suspension date if

payment is not received before that date. Shipper's service will be suspended and its Service Agreement

terminated if full payment is not received by Transporter before the suspension date. Termination of the

Service Agreement shall not excuse payments of the amounts then due or any other existing obligation of

Shipper. Transporter shall not be entitled to suspend service or terminate Shipper's Service Agreement

pending resolution of an invoice disputed in good faith by Shipper if Shipper complies with the provisions of

paragraph 10.2(d) above.

 

10.5 Billing Disputes. If Shipper in good faith disputes an invoice from Transporter and complies with the

provisions of Section 10.2(d) above, further resolution of the dispute shall be in accordance with the

provisions of Section 30 (Complaint Resolution Procedure) of the General Terms and Conditions.

 

10.6 Refunds. Transporter shall pay any refunds owed in excess of $50,000 to any Shipper by wire or other

electronic fund transfer of Federal Funds immediately available to Shipper at such bank account as Shipper

shall designate.