El Paso Natural Gas Company
Second Revised Volume No. 1A
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Effective Date: 04/01/2010, Docket: RP10-454-001, Status: Effective
Third Revised Sheet No. 313 Third Revised Sheet No. 313
Superseding: Second Revised Sheet No. 313
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
12. BILLING AND PAYMENT (Continued)
12.6 In the event of a bona fide dispute between the parties concerning
the amount of an invoice submitted to a Shipper, Transporter shall
not terminate transportation service under the notification
procedure outlined above when Shipper acts in a timely manner to
provide additional information and security for Transporter in
accordance with the following procedures.
(a) Identify Dispute: Within fifteen (15) Days after the due
date of any payment, Shipper shall notify Transporter by
written correspondence of the amount billed that is in bona
fide dispute and of all reasons and supporting statements as
to why Shipper believes full payment is not now appropriate;
and
(b) Payment Security: Within thirty (30) Days after the due date
of any payment, Shipper shall either pay in full the total
amount billed without prejudice to Shipper's rights to
dispute all or part of said amount and subject to return by
Transporter of funds paid which are part of the disputed
amount so identified, with interest calculated in accordance
with Section 12.4 of the GT&C, after resolution of that
dispute in favor of Shipper, or pay the undisputed portion of
the amount billed in full and furnish documentation
identifying the basis for the dispute. Shipper shall furnish
good and sufficient payment security, acceptable to
Transporter, of all amounts ultimately found due after
resolution of the dispute, including the amount now in
dispute plus the estimated interest calculated in accordance
with Section 12.4 of the GT&C that accrues until resolution
of the dispute, which may be reached either by agreement or
judgment of a court of competent jurisdiction; provided,
however, neither Transporter nor Shipper shall calculate or
pay interest on any billed amounts of less than $10,000. If
resolution of the dispute is in favor of Shipper and the
Shipper furnished a surety bond instead of paying the
disputed amount, then Transporter shall refund to Shipper the
costs incurred in securing that surety bond for this dispute.
This section does not apply to ordinary adjustments of
overcharges and undercharges in accordance with Section 12.7
of the GT&C.