Dominion Cove Point LNG, LP
Original Volume No. 1
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Effective Date: 05/01/2003, Docket: RP03-341-000, Status: Effective
Original Sheet No. 264 Original Sheet No. 264 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
18. BILLING AND PAYMENT (Continued)
(b) (4) If Buyer in good faith disputes the amount of any such bill or part thereof,
Operator shall not be entitled to suspend further delivery of Natural Gas if (i)
Buyer pays to Operator such amounts it concedes to be correct and provides
written documentation as to the basis for the dispute; (ii) within thirty (30)
days of a demand made by Operator, Buyer furnishes good and sufficient surety
bond in the amount and with surety satisfactory to Operator; (iii) such surety
bond guarantees payment to Operator in 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) Buyer does not default on the conditions of such
bond.
(c) Adjustment of Billing Errors. If it shall be determined that Buyer has been
overcharged or undercharged in any form whatsoever and Buyer has actually paid the
bills containing such overcharge or undercharge, Operator shall refund the amount of
any such overcharge or Buyer shall pay the amount of any such undercharge within
thirty (30) days after final determination of such amounts. In the event an error is
discovered in the amount billed in any statement rendered by Operator, such error
shall be adjusted within thirty (30) days of Operator's determination of such error,
provided that the claim therefore shall have been made within thirty (30) days after
the date of discovery of such error, but in no event later than six (6) months after
the date of such statement and 7 months from the date of the initial sales invoice
with a three (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 Buyer's nor Operator's other statutory or contractual
rights shall be affected by this provision.
(d) Suspension or Termination for Nonpayment. If Buyer under any Rate Schedule becomes
delinquent by ten (10) days in the payment of any invoice, then such Buyer shall
provide adequate assurance of payment to Operator within ten (10) days of the date of
Operator's written notice of such delinquency. If Buyer does not, within such ten
(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 6(d)
(Operating Conditions) of the General Terms and Conditions, Operator may immediately
suspend service to Buyer upon notice to Buyer. If the invoice is not paid in full
within thirty (30) days after its due date and Buyer has not provided adequate
assurance of payment, Operator, in addition to any other remedies it may have, may
terminate the Service Agreement, effective after ten (10) days notice to Buyer. Such
termination, however, will not be effectuated if Buyer pays all amounts due Operator
and, if required by Operator, provides adequate assurance of payment for future
service within such 10-day period. Termination of the Service Agreement shall not
excuse payments of the amounts then due or any other existing obligation of Buyer
including obligations to make future payments. Operator shall not be entitled to
suspend service or terminate Buyer's Service Agreement pending resolution of an
invoice disputed in good faith by Buyer if Buyer complies with the provisions of
Section 18(b)(4) above.