Energy West Development, Inc.
Original Volume No. 1
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Effective Date: 06/11/2010, Docket: RP10-732-000, Status: Effective
Second Revised Sheet No. 50 Second Revised Sheet No. 50
Superseding: First Revised Sheet No. 50
General Terms and Conditions
12.5 Prior Period Adjustments.
(a) Prior period adjustment time limits should be six (6) Months from date of the
initial Transportation invoice and seven (7) Months from date of initial sales
invoice with a three (3) Month rebuttal period, excluding government-required
rate changes. This standard shall not apply in the case of deliberate omission or
misrepresentation of mutual mistake of fact. Parties' other statutory or
contractual rights shall not otherwise be diminished by this standard.
12.6 Remedies For Nonpayment.
(a) Charge for Late Payment: Should Shipper fail to pay any or all of the amount of
any bill as herein provided when such amount is due, Shipper shall pay a Charge
for Late Payment which shall be included by Transporter on the next regular
monthly bill rendered to Shipper.
Such Charge for Late Payment shall be determined by multiplying (a) the unpaid
portion of the bill, by (b) the ratio of the number of days from the due date to
the date of actual payment to 365, by (c) the applicable rate of interest
calculated in accordance with Section 154.67 of the Commission's Regulations or
any successor regulation.
(b) Suspension of Service: If such failure to pay continues for 30 days after
payment is due, Transporter, in addition to any other remedy it may have under
the Transportation Service Agreement, may suspend further Transportation of Gas
until such amount is paid; provided, however, that Transporter shall notify
Shipper in writing 20 days prior to such suspension that continued failure to pay
will result in suspension of service.
(c) Termination of Contract: If such default continues for 30 days following the
suspension of service Transporter may thereafter, in addition to any other remedy
it may have under the Transportation Service Agreement, terminate said contract;
provided, however, that Transporter shall notify Shipper in writing 20 days prior
to such action that continued failure to pay will result in termination of said
(d) Adjustment of Underpayment and/or Overpayment:
If it shall be found that at any time or times Shipper has been overcharged or
undercharged in any form whatsoever under the provisions of the Transportation
Service Agreement and Shipper shall have actually paid the bills containing such
overcharge or undercharge, then within 30 days after the final determination
thereof, Transporter shall refund the amount of any such overcharge, and Shipper
shall pay the amount of any such undercharge; provided, however, that interest
calculated in accordance with Section 12.6(a) of the General Terms and Conditions
of this Tariff shall apply to any undercharge not paid and to any overcharge not
returned within 30 days from the date of Transporter's notification to Shipper of
the amount of the undercharge or overcharge. In the event an error is discovered
by Shipper in the amount billed in any statement rendered by Transporter, such
error shall be adjusted within 30 days of the final determination.