Energy West Development, Inc.

Original Volume No. 1

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Effective Date: 06/11/2010, Docket: RP10-732-000, Status: Effective

First Revised Sheet No. 49 First Revised Sheet No. 49

Superseding: Original Sheet No. 49

 

General Terms and Conditions

 

 

12. BILLINGS AND PAYMENTS

 

12.1 Transportation Invoice.

 

(a) Transporter shall render a Transportation invoice in accordance with the

measurement, computations and charges provided in this Tariff and the

Transportation Service Agreement between Transporter and Shipper.

 

(b) The imbalance statement should be rendered prior to or with the invoice,

and the Transportation invoice should be prepared on or before the ninth

Business Day after the end of the production Month. Rendered is defined

as postmarked, time-stamped, and delivered to the designated site.

 

12.2 Monthly Payment.

 

(a) Shipper shall pay Transporter, at a bank designated by Transporter or as

otherwise directed by Transporter, so that payment is received and

Transporter has available funds therefrom on or before the 10th calendar

day following receipt of Transporter's invoice, the full amount billed by

Transporter to Shipper under Section 12.1 of the General Terms and

Conditions of this Tariff for the immediately preceding Month.

 

(b) Identify all invoice number(s) on all payments.

 

12.3 Estimated Statement. In the event that Transporter fails to render a statement to

Shipper on or before the ninth Business Day of a Month and such failure is not due

to the fault of Shipper, Shipper's payment date shall be extended one day for each

day Transporter's statement is late; provided, however, that if for any reason

Transporter is unable to render a statement on or before the ninth Business Day of

a Month, Transporter may at its option render an estimated statement to Shipper,

which statement shall contain Transporter's best estimate of the total amount

payable to Transporter by Shipper under the Transportation Service Agreement(s)

between Transporter and Shipper for the preceding Month. Shipper shall pay to

Transporter the full amount of such estimated statement within 10 calendar days of

its receipt; provided, however, that Transporter shall render to Shipper a final

statement no later than the 15th day of the Month in which such estimated statement

is rendered, unless Transporter's failure to do so is due to the fault of Shipper,

in which case Transporter shall render to Shipper a final statement at such time

as Transporter is able to do so. Any difference between the estimated statement

and the final statement shall be added to or deducted from, as appropriate,

Transporter's next succeeding monthly statement to Shipper.

 

12.4 Disputed Billing

 

(a) If invoice is in dispute, pay portion not in dispute and provide

documentation identifying basis for dispute.

 

(b) Within 30 days after a demand made by Transporter, Shipper shall furnish

good and sufficient surety bond, guaranteeing payment to Transporter of

the amount ultimately found due upon bills after a final determination

which may be reached either by agreement or judgment of the courts, as

may be the case, then Transporter shall not be entitled to seek to suspend

further delivery of Gas nor terminate the Transportation Service Agreement

as outlined above unless and until default be made in the conditions of

such bond.