Dauphin Island Gathering Partners
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 12/23/1997, Docket: RP98- 17-000, Status: Effective
Substitute Original Sheet No. 170 Substitute Original Sheet No. 170 : Effective
Superseding: Original Sheet No. 170
14.4 Failure to Pay:
If, except in the case of a good faith dispute, Shipper
fails to make payment to Transporter pursuant to Section
14.2, and such failure to make payment continues for twenty
(20) days or more, Transporter may suspend the further
transportation of gas under Shipper's Transportation
Service Agreements upon ten (10) days prior written notice
to Shipper and the Commission, but the exercise of such
right shall be in addition to any other remedy available to
Transporter. In such circumstance, the provisions of
Subsection 7.3 (c) of these General Terms and Conditions
shall not apply.
14.5 Good Faith Dispute:
If Shipper, in good faith, disputes the amount due
Transporter on a billing statement, Shipper shall provide
a description and supporting documentation of its position
and timely submit payment of the amount it states is due
Transporter. Transporter shall apply such payment in
accordance with Shipper's documentation. Shipper agrees
that Transporter's acceptance of a partial payment does not
waive Transporter's right to full payment after resolution
of the disputed invoice in the future. Shipper and
Transporter shall use all reasonable efforts to resolve the
dispute; provided, however, if the resolution of the good
faith dispute results in Shipper or Transporter owing the
other an additional amount, then the provisions of Section
14.3 shall apply from the date payment was due, pursuant to
Section 14.2, until payment of the additional amount is
made. The provisions of Section 14.6 shall not apply in
the case of a good faith dispute.
14.6 Prepayment in the Event of Default:
Upon default in payment for a period in excess of twenty
(20) days, Transporter may, upon thirty (30) days prior
written notice to Shipper, require as a condition to the
continuance or recommencement of transportation services a
deposit or other acceptable credit arrangement in an amount
equal to not more than three estimated maximum monthly
bills for transportation services.
14.7 Prior Period Adjustments:
Prior period adjustment time limits shall be 6 months from
the date of the initial transportation invoice and 7 months
from date of initial sales invoice with a 3 month rebuttal
period, excluding government required rate changes. This
standard shall not apply in the case of deliberate omission
or misrepresentation or mutual mistake of fact. Parties'
other statutory or contractual rights shall not otherwise
be diminished by this standard.